Kelly v. Wollner
Supreme Court of Alabama
Appeal from Circuit Court, Perry County; B. M. Miller, Judge. Bill to foreclose a mortgage and for an accounting by Minnie Wollner against M. M. Kelly and another. Demurrer to hill overruled, and defendant Kelly app'eals.
1Opinion of the CourtSomerville, J.
The bill of complaint is filed by Minnie Wollner against M. M. Kelly and J. S. Roan, to foreclose a mortgage made by Roan to Kelly, and by Kelly transferred to complainant as collateral security for a debt evidenced by his promissory note for 88,008.37, which, the hill avers, “remains in large part unpaid.” The bill prays for an accounting to ascertain the amount of the indebtedness due from Roan to Kelly, and also the amount due from Kelly to complainant.
The demurrer to the bill raises only three points which are insisted upon in argument: (1) That no equity is shown for an accounting; (2)…
2Cases cited2 opinions
- Tecumseh Iron Co. v. CampSupreme Court of Alabama · 1890
- Abraham v. HallSupreme Court of Alabama · 1877
3Cited by7 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Nelson Realty Co. v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1957
- Hooks v. HooksSupreme Court of Alabama · 1948
- Auburn Insurance Agency, Inc. v. First National BankSupreme Court of Alabama · 1955
- Dillard v. PropstSupreme Court of Alabama · 1925
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