Markham v. Wallace
Supreme Court of Alabama
Appeal from Lawrence Chancery Court-. Heard before Hon. W. H. Simpson: W. K. 1 Vail ace filed this bill against Elizabeth Mark-' ham, et als., as the heirs of John Petit, deceased, to enjoin an ejectment suit and to declare an instrument an equitable moibgage. The facts sufficiently appear in the opinion of the court. There was decree for complainant and respondents appeal.
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Appeal from Lawrence Chancery Court-. Heard before Hon. W. H. Simpson: W. K. 1 Vail ace filed this bill against Elizabeth Mark-' ham, et als., as the heirs of John Petit, deceased, to enjoin an ejectment suit and to declare an instrument an equitable moibgage. The facts sufficiently appear in the opinion of the court. There was decree for complainant and respondents appeal. Under the allegations of the bill the execution lien attached on Nov. 19, 1881. — §§ 3181 and 3210, code 1876. A purchaser at that sale acquired a title superior to that of complainant by his deed of date Bee. 7, 1881. —…
1Opinion of the CourtHabalson, J.
It appears that the bill was filed on February 19,1902, by complainant, William K. Wallace, against Elizabeth M. Markham and others, defendants, the heirs at law of J. T. Petit, deceased.
*247It is alleged, that on May 15, 1873, E. T. Simms was indebted to James H. McDonald in the snm of $550.00, evidenced by his promissory note of that date, payable twelve months after date, and that on May 23, 1873, the said E. T. Simms, for the purpose of securing the payment of said note, executed to said McDonald, “a written instrument or mortgage on the lands” described in the bill, which was filed for…
2Cited by9 opinions
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- Cross v. Bank of EnsleySupreme Court of Alabama · 1919
- Carpenter v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1938
- Bishop v. McPhersonSupreme Court of Alabama · 1936
- Ohlendiek v. SchulerCourt of Appeals for the Sixth Circuit · 1929
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