Sewell v. Holley
Supreme Court of Alabama
Appeal from Elmore Chancery Court. Heard before Hon. W. W. Whiteside. Bill by J. M. Holley against N. B. Sewell and others, to declare a deed a mortgage, and to be let in to redeem, Holley being the vendee of the original mortgagor. Decree for complainant and respondents appeal.
1Opinion of the CourtSayre, J.
Complainant (appellee) as assignee of Alexander' Kelly, by virtue of the latter’s warranty deed to the land in controversy, filed this bill against Kelly and appellant Sewell to declare Kelly’s deed to appellant a mortgage and to. redeem. Kelly confessed the bill. Complainant had a decree in the court below against both defendants on pleading and proof. Hence this appeal by Sewell.
The decree of the court overruling a demurrer to the bill as last amended is assigned for error. The point taken by the demurrer, to follow its language closely, was that there were no averments in the bill showing…
2Cases cited7 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Smith v. SmithSupreme Court of Alabama · 1907
- Parish v. GatesSupreme Court of Alabama · 1856
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Goldsby v. GoldsbySupreme Court of Alabama · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Lewis v. DavisSupreme Court of Alabama · 1916
- Nationwide Mutual Insurance Company v. SmithSupreme Court of Alabama · 1966
- Hunter v. BaneSupreme Court of Virginia · 1929
2 more not listed; retrieve them via the Exa API.