Bean v. Pearce
Supreme Court of Alabama
Appeal from Marion Chancery Court. Heard before Hon. \V. I-I. Simpson. Bill by J. IV. Bean against J. P. Pearce to redeem lands from a sale under power in a mortgage. From a decree dismissing the bill for want of equity, the complainant appeals.
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Appeal from Marion Chancery Court. Heard before Hon. \V. I-I. Simpson. Bill by J. IV. Bean against J. P. Pearce to redeem lands from a sale under power in a mortgage. From a decree dismissing the bill for want of equity, the complainant appeals. Facts stated in the bill are admitted to be true on motion to dismiss for want of equity, and all amendable defects, if the bill contains equity, are considered as made. — Pate v. Hins-on, 304 Ala. 599; Seals v. Robinson, 76 Ala. 363; Elliott v. Sibley, 301 Ala. 344; Sohlose v. Steiner, 100 Ala. 153. The complainant having surrendered possession of…
1Opinion of the Court
TYSON, C. J.-
For the purpose in -hand the facts .averred in the bill may be stated to be these: Complainant became indebted to the respondent on the 6th day of January, 1902, in the sum of $105.11, which was secured by mortgage, maturing the 15th day of October of that year, upon the lands here sought to be redeemed, upon which he paid the sum of $50. In January, 1903, he had an accounting with the respondent of this mortgage indebtedness, and there was ascertained to be due the respondent the sum of $66.66. To secure this amount he executed a mortgage upon those lands, due and payable the…
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- Alford v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1934
- Fellows v. BurkettSupreme Court of Alabama · 1929
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