Holloway v. Southern Building & Loan Ass'n
Supreme Court of Alabama
Appeal form the ‘Chancery Court of Lamar. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Elisha D. Holloway, against the Southern Building & Loan Association; and :as amended ivas a bill to compel tlie determination of claims to lands described in tlie bill and to cpiiet tlie title thereto.
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Appeal form the ‘Chancery Court of Lamar. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Elisha D. Holloway, against the Southern Building & Loan Association; and :as amended ivas a bill to compel tlie determination of claims to lands described in tlie bill and to cpiiet tlie title thereto. It was averred in tlie bill that the complainant was the owner and in actual, peaceable possession of the lands prescribed therein; that there was no suit pending to test the validity of tlie title; that the defendant held a mortgage upon said land, but that…
1Opinion of the CourtHaralson, J.
The bill in this case, — filed 19th February, 1901, — as amended, is admitted to be one under the statute to- clear title to land.- — Code, §§ 809-833. It states that complainant “is informed that-said Southern Building & Loan Association claims to hold a mortgage on all of said land.” The prayer is, that said mortgage be decreed to be invalid, that it be. delivered up and cancelled, and for general relief.
The defendant demurred to the bill as amended, whicli demurrer wa.s overruled. He thereupon filed answer to the bill as amended, in which answer, the allegations of the bill were, for the…
2Cases cited3 opinions
- Tyson v. Decatur Land Co.Supreme Court of Alabama · 1898
- Johnson v. Common CouncilSupreme Court of Alabama · 1899
- Adair & Co. v. FederSupreme Court of Alabama · 1901