Cooper v. Parker
Supreme Court of Alabama
Appeal from Coosa Chancery Court. Heard before Hon. W. W. Whiteside.' Bill by James M. Parker against R. M. Cooper and others. Prom a decree for complainant, defendants appeal.
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Appeal from Coosa Chancery Court. Heard before Hon. W. W. Whiteside.' Bill by James M. Parker against R. M. Cooper and others. Prom a decree for complainant, defendants appeal. The consideration clause of the mortgage is as follows: “And we, or either of ns, agree to pay to the said James M. Parker, for any and all advances, in addition to' the above amount of money, the said James M. Parker may make to ns during the year 1907. And we hereby certify that said sura of money has been obtained by us, and such contract for future advances has been made by us, bona fide for the purpose of making a…
1Opinion of the CourtSomerville, J.
This appeal is from a final decree of the chancery court for the foreclosure of a mortgage on land executed by appellants to appellee.
Error is imputed to the decree in three .particulars: (1) Because of a variance between the allegations of the bill and the proof; the bill alleging that the security was given for a then existing debt due from the mortgagors to the mortgagee, Avhen in fact it was given to •indemnify the mortgagee against any loss that he might sustain by reason of his signing a note as security for R. M. Cooper, one of the mortgagors. (2) Because, when the bill to foreclose…
2Cases cited4 opinions
- Tompkins v. DrennenSupreme Court of Alabama · 1891
- Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
- Bedell v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Russell v. La RoqueSupreme Court of Alabama · 1847
3Cited by12 opinions
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- Williams v. KilpatrickSupreme Court of Alabama · 1916
- Pritchett v. DixonSupreme Court of Alabama · 1931
- Searcy v. ShowsSupreme Court of Alabama · 1920
- Hylton v. CatheySupreme Court of Alabama · 1932
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