Williams v. Noland
Supreme Court of Alabama
Appeal from Circuit Court, Marengo County ; R. I. Jones, Judge. Bill by C. I. Williams against D. J. Noland to restrain foreclosure of mortgage and for accounting and to redeem. From a decree sustaining demurrers to the bill, complainant appeals.
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Appeal from Circuit Court, Marengo County ; R. I. Jones, Judge. Bill by C. I. Williams against D. J. Noland to restrain foreclosure of mortgage and for accounting and to redeem. From a decree sustaining demurrers to the bill, complainant appeals. Demurrers (e) and (f) are as follows: (e) For that it affirmatively appears from the averments of said bill that the complainant does not know, and has no means of knowing, what sums he has paid respondent for which he should receive credit, and fails to aver or show tha't this respondent knows anything more about it than the complainant does. (f)…
1Opinion of the CourtBrown, J.
The bill as last amended is one by the mortgagor against the mortgagee, filed pending foreclosure to enforce the equity of redemption and enjoin the foreclosure of the mortgage under the power of sale; and, as incidental relief, the bill prays for an accounting to purge the debt secured by tlie mortgage of usurious interest and to ascertain the amount due thereon.
[1] The complainant offers to do equity, and avers' that he stands ready and willing to pay whatever may be found to be due on the mortgage debt. This is a sufficient offer to do equity, and an actual tender was not necessary to give…
2Cases cited15 opinions
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Adams v. SayreSupreme Court of Alabama · 1881
- Karter v. FieldsSupreme Court of Alabama · 1900
- Jackson v. PutmanSupreme Court of Alabama · 1912
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hunter-Benn Co. Company v. Bassett Lumber Co.Supreme Court of Alabama · 1932
- Dudley v. Colonial Lumber Co.Supreme Court of Alabama · 1931
- Kuykendall v. EdmondsonSupreme Court of Alabama · 1922
- Moore v. BerrymanSupreme Court of Alabama · 1932
- Coon v. HendersonSupreme Court of Alabama · 1941
7 more not listed; retrieve them via the Exa API.