Ashurst v. Ashurst
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Tried before Hon. Jeiíe N. Williams. The appeal is prosecuted from a final decree dismissing complainant’s bill.
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Appeal from Montgomery Chancery Court. Tried before Hon. Jeiíe N. Williams. The appeal is prosecuted from a final decree dismissing complainant’s bill. The facts are stated in the opinion. — We quote from Mr. Bigelow, (5t'h -Ed.), p. 570, the five ingredients which must concur to create an estoppel: 1. There must have been a false representation or concealment of material facts. 2. The representation must have been made with knowledge, actual or virtual, of the facts. 3. The party to whom it was made must have been ignorant, actually and permissibly, of the truth of the matter. 4. It must…
1Opinion of the Court
HARALSON, J.-
The bill in this case was filed by the appellant, J. V. Ashurst, against Robert T. Ashurst, Henry C. Semple and The American Freehold Land Mortgage Company of'London, Limited, the real defendant in interest being the said Mortgage Company, hereafter referred to as the London Company. The bill was filed in the chancery court of Montgomery, to enforce the collection of a decree in said court, rendered on the 31st May, 1878, in favor of said Henry C. Semple against said Robert T. Ashurst, whereby it was adjudged, that said Semple has a lien on the lands mentioned in this bill, to…
2Cases cited5 opinions
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
- George v. New England Mortgage Security Co.Supreme Court of Alabama · 1895
- Powers v. HarrisSupreme Court of Alabama · 1880
- Sullivan v. ConwaySupreme Court of Alabama · 1886
3Cited by6 opinions
- Fourth Nat. Bank v. WoolfolkSupreme Court of Alabama · 1929
- Winter-Loeb Grocery Co. v. Mutual Warehouse Co.Alabama Court of Appeals · 1912
- Harris v. American Building & Loan Ass'nSupreme Court of Alabama · 1898
- Myers v. SteenbergSupreme Court of Alabama · 1921
- Mims v. Citizens Bank of PrattvilleSupreme Court of Alabama · 1978
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