Sadler v. Jefferson
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before Hon. Thomas H. Smith. Tlxe bill in this cause, for an accounting and redemption of certain lands from the operation of a mortgage, was filed by tlie appellees, James Jefferson and John Swaine, agáinst J. M. Sadler, C. B. Bailey, and tbe British and American Mortgage Company, Limited.
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Appeal from the Chancery Court of Marengo. Heard before Hon. Thomas H. Smith. Tlxe bill in this cause, for an accounting and redemption of certain lands from the operation of a mortgage, was filed by tlie appellees, James Jefferson and John Swaine, agáinst J. M. Sadler, C. B. Bailey, and tbe British and American Mortgage Company, Limited. The allegations were to the effect that the complainants had executed a mortgage on the lands described in the bill, to the defendant, J. M. Sadler. That, after the law day of the mortgage, said Sadler demanded a settlement, when a balance due was agreed…
1Opinion of the CourtSimpson, J.
The bill shows that the’ appellees, Jefferson and Swaine, who were complainants below, executed a mortgage to the appellant, Sadler, who was one of the respondents below; that a settlement was had in the fall of 1897, which showed a balance due by said complainants of $1470.00.
Complainants admitted this settlement to be correct, and ratify it in the bill, but they aver that, at the time such settlement was made, it was agreed that if they “Accepted said settlement they should have time to pay said balance. That orators should continue to occupy and cultivate the said lands at the stipulated…
2Cases cited9 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Taylor v. Agricultural & Mechanical Ass'nSupreme Court of Alabama · 1880
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
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3Cited by16 opinions
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- Hughes & Tidwell Supply Co. v. CarrSupreme Court of Alabama · 1919
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- Moore v. O'DellSupreme Court of Oklahoma · 1910
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