Haralson v. Whitcomb
Supreme Court of Alabama
Appeal from Chancery Court, Conecuh County; O. S. Lewis, Chancellor. Bill by John C. Whitcomb against Lida J. Haralson and others. From an order sustaining a demurrer to the named defendant’s cross-bill, she appeals.
1Opinion of the Court
McCLELLAN, j.
Fannie G. Whitcomb executed to Gideon J. Peagler a mortgage on lots in Evergreen to secure a loan to her of $2,500. It is averred in the original bill, which is filed by the only heir at layv of Mrs. Whitcomb, now deceased, and who is in possession of the property, against Gideon J. Peagler and Lida J. Haralson, that after maturity of the debt this mortgage was given to secure it was fully paid, thereby operating, under the statute (Code, § 4899), to divest the title passing by the mortgage. It is further ‘averred that, after full payment and discharge of this mortgage debt, the…
2Cases cited8 opinions
- Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
- Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
- Bickley v. BickleySupreme Court of Alabama · 1902
- Blanks v. City of MonroeSupreme Court of Louisiana · 1903
- Abels v. Planters & Merchants Ins.Supreme Court of Alabama · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Thomas v. BarnesSupreme Court of Alabama · 1929
- Cobbs v. NorvilleSupreme Court of Alabama · 1933
- Davis v. AndersonSupreme Court of Alabama · 1929
- Emens v. StephensSupreme Court of Alabama · 1937
- Ex Parte ConradiSupreme Court of Alabama · 1923
16 more not listed; retrieve them via the Exa API.