Chattanooga Sav. Bank v. Crawford
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Bill by the Chattanooga Savings Bank against Baxter Crawford and others for reformation of a mortgage and its foreclosure. From the decree rendered, complainant appeals.
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Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Bill by the Chattanooga Savings Bank against Baxter Crawford and others for reformation of a mortgage and its foreclosure. From the decree rendered, complainant appeals. The bank still has the legal title and is the real party in interest, and the respondents would be protected by recovery by or payment to the bank. 106 Ala. 636, 17 South. 628; 130 Ala. 613, 29 South. 194; 30 Cyc. 78. The payment of the Rawlins note and mortgage to the bank, for which the Crawford mortgage was collateral security only, destroyed the bank's…
1Opinion of the CourtThomas, J.
The former appeals in this case, are reported in 201 Ala. 282, 78 South. 58; 203 Ala. 133, 82 South. 163. The trial and final decree were had upon the issues made pursuant to former decisions in this case and from which we have no cause to depart.
The bill as amended was by Chattanooga Savings Bank v. Baxter Crawford and Wife as the sole respondents, and the latter answering made it a cross-bill.
It is averred in tbe amendment to the answer and cross-bill of date December 2, 1920, that the mortgage sought to be foreclosed was agreed to be made in consideration that Mrs. Dora Rawlings would lend…
2Cases cited17 opinions
- Dawson v. BurrusSupreme Court of Alabama · 1882
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
- Seeberg v. NorvilleSupreme Court of Alabama · 1920
- Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
- Lebeck v. Fort Payne BankSupreme Court of Alabama · 1896
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Amann v. BurkeSupreme Court of Alabama · 1939
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Silverstein v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
- Hope of Alabama Lodge of Odd Fellows v. ChamblessSupreme Court of Alabama · 1925
- Crisp v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1932
7 more not listed; retrieve them via the Exa API.