Hook v. First Nat. Bank of Reform
Supreme Court of Alabama
Appeal from Circuit Court, Wilcox County; S. F. Hobbs, Judge. Bill by A. J. Hook against J. J. Horton, S. G. Swain, and the First National Bank of Reform for damages for breach of contract, rescission of deeds and mortgage, and to enjoin the foreclosure of the mortgage. •From a decree sustaining "certain demurrers to the bill and dissolving the temporary injunction, complainant appeals, and from a decree overruling demurrers, respondents Horton and others take a…
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Appeal from Circuit Court, Wilcox County; S. F. Hobbs, Judge. Bill by A. J. Hook against J. J. Horton, S. G. Swain, and the First National Bank of Reform for damages for breach of contract, rescission of deeds and mortgage, and to enjoin the foreclosure of the mortgage. •From a decree sustaining "certain demurrers to the bill and dissolving the temporary injunction, complainant appeals, and from a decree overruling demurrers, respondents Horton and others take a cross-appeal. Under the prayer for general relief, complainant was entitled to cancellation of the mortgage, and, if paid, to…
1Opinion of the CourtMiller, J.
A. J. Hook files this bill of complaint against J. J. Horton, S. G. Swain, and the First National Bank of Reform.
On the 11th day of Blay, 1920, complainant purchased certain timber in Wilcox county, Ala., from J. J. Horton and S. G. Swain for the sum of $5,000 cash, and notes and mortgage on said timber for $37,500, and $5,000 note and mortgage on property in the state of Kentucky, making total consideration for the timber $47,500. That Horton and Swain and the wife of each executed to complainant a warranty deed to the timber, and covenanted therein that the title was good and it was free…
2Cases cited9 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Hughes v. Hatchett & TrimbleSupreme Court of Alabama · 1876
- H. H. Hitt Lumber Co. v. Cullman Property Co.Supreme Court of Alabama · 1914
- McLemore v. MabsonSupreme Court of Alabama · 1852
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wittmeir v. LeonardSupreme Court of Alabama · 1929