Bryan v. Cowart
Supreme Court of Alabama
Error to the Chancery Court of Barbour. Tried before tbe Hon. J. W. LesesNE. William Cowart filed bis bill in tbe Chancery Court of Barbour, against Moses Bryan and David MePhail, in which he alleges that, in 1838, Bryan applied to him to procure a loan of §500 for the defendant MePhail, who was Bryan’s son-in-law; that complainant made the loan, and Bryan became security for MePhail; that about a year afterwards complainant made another loan, of $622, to MePhail, at the…
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Error to the Chancery Court of Barbour. Tried before tbe Hon. J. W. LesesNE. William Cowart filed bis bill in tbe Chancery Court of Barbour, against Moses Bryan and David MePhail, in which he alleges that, in 1838, Bryan applied to him to procure a loan of §500 for the defendant MePhail, who was Bryan’s son-in-law; that complainant made the loan, and Bryan became security for MePhail; that about a year afterwards complainant made another loan, of $622, to MePhail, at the instance of Bryan; that, at the time of the last loan, complainant surrendered to MePhail the note for the previous loan,…
1Opinion of the CourtLigon, J.
— The Chancellor did not err in refusing to dismiss the bill for want of equity. In its form, structure and matter, it is not alone a bill to enjoin a judgment at law; but it contains allegations on which it seeks relief, that could only be sought in, and extended by a court of equity. On this motion all the allegations of the bill are admitted to be true. These assert, in terms or effect, that the deed from MePhail to Cowart and Bryan, though absolute on its face, was intended by the parties to operate as a mortgage, and one object of the bill is to have it so declared, and to obtain a…
2Cases cited2 opinions
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Freeman v. BaldwinSupreme Court of Alabama · 1848
3Cited by16 opinions
- West v. HendrixSupreme Court of Alabama · 1856
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
- Knaus v. DreherSupreme Court of Alabama · 1887
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Kent v. LasleyWisconsin Supreme Court · 1869
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