Vann v. Marbury
Supreme Court of Alabama
Appeau from the Chancery Court of Jefferson. Heard before tbe Hon. Thomas Cobbs. The bill in this case was filed by the appellee, as transferee of a mortgage note, against appellant, and prayed that the chancellor ascertain the amount due upon the note, that the complainant be held to have a lien on certain described land for such amount, and to set aside the cancellation of a mortgage on said land, securing said note, executed by the defendants, Harriet and W. B. Moore, to…
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Appeau from the Chancery Court of Jefferson. Heard before tbe Hon. Thomas Cobbs. The bill in this case was filed by the appellee, as transferee of a mortgage note, against appellant, and prayed that the chancellor ascertain the amount due upon the note, that the complainant be held to have a lien on certain described land for such amount, and to set aside the cancellation of a mortgage on said land, securing said note, executed by the defendants, Harriet and W. B. Moore, to the defendant, W. J. Yann, that the mortgage be re-established as to complainant’s claim, and for a decree of…
1Opinion of the CourtStone, C. J.
Many of the assignments of error are based on the objections of appellant to portions of the testimony offered by appellee. Without ruling specifically on the objections the Chancery Court rendered a decree on the merits in favor of appellee. We shall consider only the substantial controversy as shown by the record, and, ip doing so, will look alone to the legal testimony to determine whether or not it authorizes the decree from which the appeal is taken.
*440The controversy as it comes before us in this record is mainly one of fact and arises out of the following circumstances':. In December,…
2Cases cited4 opinions
- Ogle v. TurpinIllinois Supreme Court · 1881
- Keohane v. SmithIllinois Supreme Court · 1880
- Executors of Swartz v. LeistOhio Supreme Court · 1862
- First National Bank of Decatur v. JohnstonSupreme Court of Alabama · 1892
3Cited by15 opinions
- Sapp v. WarnerSupreme Court of Florida · 1932
- Federal Land Bank v. BranscombSupreme Court of Alabama · 1925
- First National Bank v. SproullSupreme Court of Alabama · 1894
- McKay v. H. A. Hall & Co.Supreme Court of Oklahoma · 1912
- Fed. Land Bank of New Orleans v. Corinth Bank TrustSupreme Court of Alabama · 1926
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