Lacey v. Pearce
Supreme Court of Alabama
Appeal from Jefferson Chancery Court-. Heard before Hon. A. H. Benners. Bill by T. A. Lacey against R. B. Pearce and another for an accounting and to hold a mortgage as security for the payment of a certain note, and for the sale of the land in payment thereof in the event the note had not been paid. From a decree sustaining demurrers to-the bill, complainant appeals.
1Opinion of the CourtGardner, J.
Briefly stated, the bill as amended, shows the execution of a certain mortgage by R. R. Pearce and wife to C. M. Lacey, securing an indebtedness of $1,500, evidenced by 16 promissory notes due at stated dates. The notes were made payable at Jefferson County Savings Bank, and were deposited therefor collection, and some of said notes were there paid and taken up by said Pearce. On or about January 6, 1911, the mortgagee offered to sell to one R. W. Draper the notes at the bank remaining unpaid, the transaction to be for cash, and the consideration to be based upon the face of said notes, less…
2Cases cited5 opinions
- Ware v. CurrySupreme Court of Alabama · 1880
- Shines v. SteinerSupreme Court of Alabama · 1884
- Harmon v. Goetter, Weil & Co.Supreme Court of Alabama · 1888
- Kent & Barnett v. Marks & GayleSupreme Court of Alabama · 1893
- Keith v. CliattSupreme Court of Alabama · 1877
3Cited by8 opinions
- Haas v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1994
- Fowler v. FowlerSupreme Court of Alabama · 1921
- Abrahams v. AbrahamsSupreme Court of Alabama · 1929
- Taylor v. JonesSupreme Court of Alabama · 1967
- Hurst v. SmithSupreme Court of Alabama · 1933
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