Sullivan v. McLaughlin
Supreme Court of Alabama
Appeal from the Chancery Court of St. Clair. Heard before the Hon. S. K. McSpadden. The bill in this case was filed March 8, 1890, by the ap- ■ pellants against the appellees. It appears from the allegations of the bill, that on March 8, 18d0, Wesley Goodwin, being seized and possessed of certain lands described in the bill, executed together with his wife, Melissa D. Goodwin, to James McLaughlin, andW.
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Appeal from the Chancery Court of St. Clair. Heard before the Hon. S. K. McSpadden. The bill in this case was filed March 8, 1890, by the ap- ■ pellants against the appellees. It appears from the allegations of the bill, that on March 8, 18d0, Wesley Goodwin, being seized and possessed of certain lands described in the bill, executed together with his wife, Melissa D. Goodwin, to James McLaughlin, andW. S. Forman, as administrators of the estate of James Forman, deceased, a mortgage deed for $1,000 to secure the payment of the purchase-money for said land, said mortgage debt, as recited…
1Opinion of the CourtThobington, J.
The bill in this case seeks to charge mortgagees in possession with rents, which it is alleged are equal in amount to the mortgage debt, and to have the mortgage satisfied from such rents, and cancelled as a cloud on complainants’ title ; and there is an offer in the bill to -pay any balance of the mortgage debt, if the rents should prove insufficient for that purpose.
The principal question for the decision of this court involves the construction of a deed made by Wesley Goodwin, January 11, 1881, to his wife and children, who are the complainants, and filed the bill after his death. The…
2Cases cited12 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
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- Pollard v. CockeSupreme Court of Alabama · 1851
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Powe v. McLeod & Co.Supreme Court of Alabama · 1884
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