Freeman v. Brown
Supreme Court of Alabama
Appeal from the Chancery Court of Eayetfce. Heard before the Hon. Thokas Cobbs. The bill in this case was filed on the 18th June, 1890, by John A. Brown, against Benjamin E. Freeman, and sought the cancellation of a mortgage to the defendant, and its removal as a cloud upon the complainant’s title to a tract of land purchased by him from one Monroe.
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Appeal from the Chancery Court of Eayetfce. Heard before the Hon. Thokas Cobbs. The bill in this case was filed on the 18th June, 1890, by John A. Brown, against Benjamin E. Freeman, and sought the cancellation of a mortgage to the defendant, and its removal as a cloud upon the complainant’s title to a tract of land purchased by him from one Monroe. The following state of facts was alleged in the bill: In March, 1884, said Monroe, being then the owner of the land in question, mortgaged it to the defendant to secure a debt owing to him. In October, 1887, Monroe proposed to sell the land to the…
1Opinion of the CourtMcCLELLAN, J.
Under general rules of equity plead*303ing, the amendment of the bill in this cause, the allowance of which is assigned as error, should not have been allowed, both because it was brought forward after the cause was at issue — indeed while the hearing was in progress — and because the fact thus sought to be injected into the case occurred subsequent to the filing of the bill; but our statute provides that “amendments to bills must be allowed at anytime before final decree, by striking out or adding new parties, or to meet any state of evidence which will authorize relief.” — Code,§ 3449; 3 Brick.…
2Cases cited3 opinions
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Echols v. HubbardSupreme Court of Alabama · 1890
- Alabama Warehouse Co. v. JonesSupreme Court of Alabama · 1878
3Cited by8 opinions
- Henderson v. StinsonSupreme Court of Alabama · 1922
- McMinn v. KarterSupreme Court of Alabama · 1898
- Continental Trust Co. v. Tallassee Falls Mfg. Co.District Court, M.D. Alabama · 1915
- Swick v. ReaseWest Virginia Supreme Court · 1907
- Bank for Savings & Trusts v. Jefferson Development Co.Supreme Court of Alabama · 1937
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