Irwin v. Coleman
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Daniel Coleman and wife against S. W. Irwin and wife for the cancellation of a deed, to declare it a mortgage, and for other relief. Decree for complainants, and respondents appeal.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Daniel Coleman and wife against S. W. Irwin and wife for the cancellation of a deed, to declare it a mortgage, and for other relief. Decree for complainants, and respondents appeal. The agreement noted in the opinion is dated March 26, 1909, and is executed by S. W. Irwin and Daniel and Mattie Coleman, and asserts in effect that for and in consideration of the sum of if300 Irwin has sold to Coleman and wife certain described land in the city of Decatur, for which the parties of the second part have executed several…
1Opinion of the CourtSimpson, J.
The bill originally filed by the appellees, sought the cancellation of a deed on account of misrepresentations — the allegations being that complainants, whq are ignorant negroes, applied to dedefendant S:. W. Irwin to borrow $175; that he agreed to lend that amount if complainants would pay him $125 in addition as interest, the whole amount to be paid in 30 months at $10 per month, with interest; that thereupon complainants entered into the written ¡instrument, which is made Exhibit A to the bill (the substance of which will be set out in the statement of the case), and complainants executed…
2Cases cited7 opinions
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Winn v. FitzwaterSupreme Court of Alabama · 1907
- Glass v. Hieronymus Bros.Supreme Court of Alabama · 1899
- Abercrombie v. CarpenterSupreme Court of Alabama · 1907
- McNeill v. NorsworthySupreme Court of Alabama · 1863
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3Cited by12 opinions
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Kirby v. ArnoldSupreme Court of Alabama · 1915
- Coffin v. GreenArizona Supreme Court · 1919
- Morton v. AllenSupreme Court of Alabama · 1912
- Van Heuvel v. LongSupreme Court of Alabama · 1917
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