Seed v. Brown
Supreme Court of Alabama
Appeal from Tuscaloosa Chancery Court. Heard before Hon. Alfred H. Benners. Bill by Walter D. Seed against Joe D. Brown, to restrain the foreclosure of a mortgage on tbe ground that tbe mortgage debt bad been fully paid. Prom a decree denying relief and directing a foreclosure for failure to pay within thirty days, complainant appeals.
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Appeal from Tuscaloosa Chancery Court. Heard before Hon. Alfred H. Benners. Bill by Walter D. Seed against Joe D. Brown, to restrain the foreclosure of a mortgage on tbe ground that tbe mortgage debt bad been fully paid. Prom a decree denying relief and directing a foreclosure for failure to pay within thirty days, complainant appeals. Tbe court erred in decreeing an attorneys fee. —Bynum v. Frederick, 81 Ala. 489; Bedell v. Mortgage Go., 91 Ala. 223; Pollard v. Mortgage Go., 103 Ala. 300. The court was in error in granting respondent affirmative relief in the absence of a cross bill asking…
1Opinion of the CourtMcCLELLAN, J.
The purpose of this bill, exhibited by a mortgagor (appellant) against a mortgagee (appellee), was to restrain the threatened foreclosure of the mortgage; the theory being that the mortgage debt had been previously paid. The chancellor concluded against the complainant on the issue of payment, fixed $100 as an attorney’s fee “for services in collecting” the mortgage, ordered a reference to the register to state the account between the parties, and directed foreclosure of the mortgage unless the balance due thereon, as ascertained by the register, and the costs and interest, were fully paid in…
2Cases cited4 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Bynum v. FrederickSupreme Court of Alabama · 1886
- Mooney v. WalterSupreme Court of Alabama · 1881
- Lehman, Durr & Co. v. ComerSupreme Court of Alabama · 1889
3Cited by16 opinions
- Thomas v. BarnesSupreme Court of Alabama · 1929
- Cobbs v. NorvilleSupreme Court of Alabama · 1933
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- Parker v. WardSupreme Court of Alabama · 1932
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