Legal Opinion

Downing v. Woodstock Iron Co.

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 12 opinions

Bill in Equity to have Absolute Conveyance declared Mortgage, and for Account and Redemption. Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. McSpadden.

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Bill in Equity to have Absolute Conveyance declared Mortgage, and for Account and Redemption. Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 14th March, 1889, by W. P. Downing against the Woodstock Iron Company, a private corporation; and sought to have a quit-claim deed, under which the defendant held and claimed a small tract of land, declared and enforced as a mortgage, and for an account and redemption under it. The complainant had once bought the land from one Harrison, who had bought from one Alexander; but, the…

1Opinion of the Court

McOLELLAN,- J.

— J. & W. W. Draper purchased the land in controversy at a sale made under a decree of the Chancery Court enforcing a vendor’s lien in favor of Alexander against one Harrison, the vendee, and W. P. Downing, the vendee of Harrison. Tire price paid was $220.00, being the amount of said decree and costs, and the balance due the purchasers on a mortgage covering the land, executed by Downing to them. The purchasers took the register’s deed, and satisfied their mortgage. Soon afterwards, the Woodstock Iron Company, acting through its secretary and treasurer, Samuel Noble, paid the…

2Cases cited5 opinions

  1. Micou v. AshurstSupreme Court of Alabama · 1876
  2. Knaus v. DreherSupreme Court of Alabama · 1887
  3. Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1888
  4. Moseley v. MoseleySupreme Court of Alabama · 1888
  5. Parmer's Adm'r v. ParmerSupreme Court of Alabama · 1889

3Cited by12 opinions

  1. Riley v. BlackerMontana Supreme Court · 1915
  2. Pollak v. MillsapSupreme Court of Alabama · 1928
  3. Cousins v. CrawfordSupreme Court of Alabama · 1953
  4. Reeves v. AbercrombieSupreme Court of Alabama · 1895
  5. Jones v. StollenwerckSupreme Court of Alabama · 1928

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