Oakley v. Shelley
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. Wn. L. Parks. The bill in this case was filed by appellee, R. E. Shelley, against appellant, W. E. Oakley, and prayed to have a certain deed of conveyance executed by the plaintiff to defendant set aside and cancelled. The grounds upon which the relief is prayed for and the facts of the case are sufficiently set forth in the opinion.
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Appeal from the Chancery Court of Henry. Heard before the Hon. Wn. L. Parks. The bill in this case was filed by appellee, R. E. Shelley, against appellant, W. E. Oakley, and prayed to have a certain deed of conveyance executed by the plaintiff to defendant set aside and cancelled. The grounds upon which the relief is prayed for and the facts of the case are sufficiently set forth in the opinion. Upon the final submission of the cause on the pleading’s and proof the -chancellor decreed that complainant was entitled to the relief prayed for and so ordered. Defendant appeals from this decree,…
1Opinion of the Court
•SHARPE, J.
On the 9th of December, 1879, complainant executed, to respondent a mortgage on the land in controversy and on crops- and certain machinery, including a gin, a boiler and a saw, to secure a recited indebtedness of $647.63, due to a firm of which respondent was a member.
On November 18th, 1898, the mortgage debt being then in part- due, complainant conveyed the land to respondent by an absolute deed for the stated consideration of $900 made up of a balance due on that debt together with certain accounts on third persons transferred to complainant, and respondent’s due bill for $43;…
2Cases cited6 opinions
- Parmer v. ParmerSupreme Court of Alabama · 1883
- Peagler v. StablerSupreme Court of Alabama · 1890
- Dougherty v. PoweSupreme Court of Alabama · 1900
- Van Wyck v. . BrasherNew York Court of Appeals · 1880
- Carpenter v. RodgersMichigan Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Lewis v. DavisSupreme Court of Alabama · 1916
- Richardson v. CurleeSupreme Court of Alabama · 1934
- Birmingham Railway L. & P. Co. v. HintonSupreme Court of Alabama · 1908
- Snead v. ScottSupreme Court of Alabama · 1913
8 more not listed; retrieve them via the Exa API.