Hendon v. Morris
Supreme Court of Alabama
Appeal from the Chancery Court of Walker Heard before Hon. Thomas Cobbs. On September 16, 1893, the appellee, S. N. Morris filed a bill against C. D. Guttery and M. A. Guttery, his wife. The bill averred that on February 9, 1892, the defendants executed to the complainant a mortgage to secure an indebtedness of $250 on certain lands, which were described in the mortgage as follows : “an undivided half interest in the E. i of the S. E. i of Sec. 7, and the N. W. i of theN.
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Appeal from the Chancery Court of Walker Heard before Hon. Thomas Cobbs. On September 16, 1893, the appellee, S. N. Morris filed a bill against C. D. Guttery and M. A. Guttery, his wife. The bill averred that on February 9, 1892, the defendants executed to the complainant a mortgage to secure an indebtedness of $250 on certain lands, which were described in the mortgage as follows : “an undivided half interest in the E. i of the S. E. i of Sec. 7, and the N. W. i of theN. W. i and the N. ¿ of the S. W. iof the N. W. i Sec. 17, except the mineral interest in the above described land, and the…
1Opinion of the CourtBriokell, C. J.
A mortgagee, the law day having passed, may resort to a court of equity for a reformation of the mortgage and for foreclosure ; a bill filed for these purposes is not subject to objection for multifariousness. Alexander v. Rhea, 50 Ala. 450. Such was the character and purpose of the original bill filed by the appellee, Morris, and of the cross-bill filed by the appellant, and corresponding relief was granted to each by the chancellor.
Manifestly, by mere inadvertence not of infrequent occurrence, the draughtsman of the mortgage to Morris did not designate the section in which a part of the…
2Cases cited7 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Wilkerson v. TillmanSupreme Court of Alabama · 1880
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Tison & Gordon v. People's Saving & Loan Ass'nSupreme Court of Alabama · 1876
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