American Mortgage Co. v. King
Supreme Court of Alabama
Appeal from the Chancery Court of Coffee. Heard before the Hon. Jere N. Williams. The bill in this case was filed by George W. King, on February 27, 1892, against The American Mortgage Co. of Scotland, Limited, and the Loan Company of Alabama. The prayer of the bill was to cancel two separate mortgages, executed by the complainant and his wife to the respective respondents, as clouds on the title of the complainant.
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Appeal from the Chancery Court of Coffee. Heard before the Hon. Jere N. Williams. The bill in this case was filed by George W. King, on February 27, 1892, against The American Mortgage Co. of Scotland, Limited, and the Loan Company of Alabama. The prayer of the bill was to cancel two separate mortgages, executed by the complainant and his wife to the respective respondents, as clouds on the title of the complainant. The bill averred that the mortgage executed to The American Mortgage Co. of Scotland, Limited, was given to secure the payment of a loan of money by said company to the…
1Opinion of the CourtColeman, J.
This litigation grew out of a transaction entered upon to secure a loan of money.
George W. King executed his promissory notes to The American Mortgage Company of Scotland, Limited, and secured the same by a mortgage on certain lands, which included his homestead. At thé same time he executed his notes to the Alabama Loan Company, and also to one Manghen, and secured them by a mortgage on the same lands. The consideration of the notes to the Alabama Loan Company and to Manghen, was for services rendered in securing the loan of money. The bill seeks a cancellation of the mortgages as a cloud…
2Cases cited2 opinions
- Ginn v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Edinburgh American Land Mortgage Co. v. PeoplesSupreme Court of Alabama · 1893
3Cited by14 opinions
- Land Mortgage Investment Agency Co. v. PrestonSupreme Court of Alabama · 1898
- George v. New England Mortgage Security Co.Supreme Court of Alabama · 1895
- Florence v. CarrSupreme Court of Alabama · 1933
- Thigpen v. ArantSupreme Court of Alabama · 1925
- Owings v. HowingtonSupreme Court of Oklahoma · 1911
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