Turnipseed v. Cunningham
Supreme Court of Alabama
Error to the Chancery Court of Pickens. Before the Hon. David G. Ligón, chancellor. 1. A deed absolute on its face will not be declared a mortgage, or conditional sale, but on the most stringent and conclusive proof The early eases in this court declare the law, that a contract absolute on its face may be shown by parol to be a mortgage or conditional sale.
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Error to the Chancery Court of Pickens. Before the Hon. David G. Ligón, chancellor. 1. A deed absolute on its face will not be declared a mortgage, or conditional sale, but on the most stringent and conclusive proof The early eases in this court declare the law, that a contract absolute on its face may be shown by parol to be a mortgage or conditional sale. Subsequent cases limit and explain the doctrine broadly asserted in the earlier decisions, as will be seen by an analysis of the cases of Eiland v. Radford, 7 Ala. 727; McKinstry v. Conly, 12 Ala. 678 ; Freeman v. Baldwin, 13 Ala. 246, and…
1Opinion of the CourtDargan, J.
The material allegations of the bill are, that the complainant Cunningham, was indebted to the defendant in several promissory notes, to secure which, a deed of trust had been executed by the complainant to Edmund T. Bush; that the defendant on the 23d of March 1843, claimed to be due to him the sum of six thousand eight hundred and twenty-five dollars; that this amount was produced by calculating interest on the debt at sixteen per cent, and compounding it from time to time; that the defendant then stated that the Legislature had passed a latv taxing money loaned at interest, or used in…
2Cases cited1 opinion
- McKinstry v. ConlySupreme Court of Alabama · 1847
3Cited by19 opinions
- Wells v. MorrowSupreme Court of Alabama · 1861
- Locke's v. PalmerSupreme Court of Alabama · 1855
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
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