Turner v. Wilkinson
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. JoiiN A. Fosteb. The bill in this case was filed on 11th August, 1881, by Mrs. Mary E. Turner, against W. W. Wilkinson, Benjamin F. Kil-gore, and John F. Barganier; and sought to have a deed for a tract of land executed by the complainant to said Wilkinson, which was absolute on its face, declared to be a mortgage, and for a redemption and account under it.
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Appeal from the Chancery Court of Butler. Heard before the Hon. JoiiN A. Fosteb. The bill in this case was filed on 11th August, 1881, by Mrs. Mary E. Turner, against W. W. Wilkinson, Benjamin F. Kil-gore, and John F. Barganier; and sought to have a deed for a tract of land executed by the complainant to said Wilkinson, which was absolute on its face, declared to be a mortgage, and for a redemption and account under it. A copy of the conveyance was not -made an exhibit to the bill, and it was alleged that it bad never been recorded ; that it was executed in April, 1877, was intended only as a…
1Opinion of the CourtBrickell, C. J.
The purpose of the original bill, filed by the appellant, is the redemption of certain lands, which it is averred she conveyed by way of mortgage to the appellee, Wilkinson, as a security for the repayment of money borrowed. The conveyance to Wilkinson is, in form and terms, absolute and unconditional.
In a court of equity, the character of the conveyance must *365be determined by the clear and certain intention of the.parties;, and if there be an agreement between them, that it shall operate as a security for a debt, it can and will operate only as a mortgage. The agreement may be expressed in…
2Cases cited11 opinions
- Locke's v. PalmerSupreme Court of Alabama · 1855
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Eiland v. RadfordSupreme Court of Alabama · 1845
- Crews v. ThreadgillSupreme Court of Alabama · 1859
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3Cited by34 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Douglass v. MoodySupreme Court of Alabama · 1885
- Keithley v. WoodIllinois Supreme Court · 1894
- Peagler v. StablerSupreme Court of Alabama · 1890
- Cousins v. CrawfordSupreme Court of Alabama · 1953
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