Sulzby v. Palmer
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by James F. Sulzby against Mary Palmer to foreclose a Mortgage. Decree for respondent, and complainant appeals.
1Opinion of the Court
THOMAS, J. —
Appellant, James P. Sulzby, filed his bill to foreclose a mortgage. Appellee, Mary Palmer, by answer and cross-bill, under oath, denied 'the execution of the notes, and of the mortgage securing the same, and prayed the cancellation of the same as a cloud on her title.(1) The statute, requiring that a plea, denying “the execution by the defendant, his agent or attorney, or partner, of any instrument in writing the foundation of the suit or the assignment of the same,” must be verified by affidavit, applies to proceedings in equity as to those in courts of law. — Code 1907, § 5332;…
2Cases cited41 opinions
- State ex rel. Saunders v. KohnkeSupreme Court of Louisiana · 1903
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Freeman v. BlountSupreme Court of Alabama · 1911
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1910
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3Cited by15 opinions
- Merchants Bank v. CottonSupreme Court of Alabama · 1972
- Metropolitan Life Ins. Co. v. JamesSupreme Court of Alabama · 1934
- American National Bank & Trust Co. of Mobile v. LongSupreme Court of Alabama · 1968
- St. Clair Springs Hotel Co. v. BalcombSupreme Court of Alabama · 1926
- Carr v. MooreSupreme Court of Alabama · 1919
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