McCalley v. Otey
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 19th July, 1889, by Mrs. Octavia A. Otey and her children, against Charles S. McOalley and others; and sought (1) an injunction against a threatened sale of a tract of land under a power of sale contained in a mortgage, and (2) a redemption and account.
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Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 19th July, 1889, by Mrs. Octavia A. Otey and her children, against Charles S. McOalley and others; and sought (1) an injunction against a threatened sale of a tract of land under a power of sale contained in a mortgage, and (2) a redemption and account. The mortgage was dated August 16th, 1876, and was given by Mrs. Otey to secure the payment of money which she had borrowed from Miss Missouri Ford, who afterwards married W. J. McOalley; and having survived her husband, Mrs.…
1Opinion of the CourtOlopton, J.
The assignments of error go to the allowance of an amendment to the bill, the refusal to dissolve the injunction for the want of equity, and to overruling a demurrer to the bill. Omitting the averments not necessary to a proper understanding of the questions raised, the case made by the bill is : Martha T. Bussell, being the owner and holder of a bond and mortgage executed August 16, 1876, by Octavia A. Otey, having ascertained, upon calculating interest on the amount originally borrowed, at eight per cent, per annum, and deducting payments, there was due September 1st, 1884, the sum of…
2Cases cited8 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Glover v. HembreeSupreme Court of Alabama · 1886
- Vaughan v. MarableSupreme Court of Alabama · 1879
- Carlin v. JonesSupreme Court of Alabama · 1876
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3Cited by16 opinions
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