Fields v. Helms
Supreme Court of Alabama
Appeal from the Chancery Court of Blount. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 24th May, 1880, by Bales Helms, against A. E. Fields and Lemuel Bentley; and sought equitable relief against two mortgages, one of which was executed by the complainant to said Fields, and the other to said Bentley.
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Appeal from the Chancery Court of Blount. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 24th May, 1880, by Bales Helms, against A. E. Fields and Lemuel Bentley; and sought equitable relief against two mortgages, one of which was executed by the complainant to said Fields, and the other to said Bentley. The mortgage to Bentley was executed on the 5th December, 1873, to secure the payment of several promissory notes given for the purchase-money of a tract of land; and this mortgage, with the secured notes, after several partial payments had been made, was…
1Opinion of the CourtStone, C. J.
— We will not consider the sufficiency of the bill, nor the fourth ground of demurrer to it. They have been passed on. — Fields v. Helms, 70 Ala. 460. If the questions then considered were before us for the first time, we should unhesitatingly pronounce there is nothing to lead us to a different conclusion from what was then announced. Nor is there anything in the agreement by Helms, by which he attempted to release his right of redemption. — 1 Jones on Mort. § 251; Peugh v. Davis, 96 U. S. 332. Nor in the sale and attempted conveyance to himself, made by Fields after the present suit was…
2Cases cited3 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Fields v. HelmsSupreme Court of Alabama · 1881
3Cited by2 opinions
- Pollak v. MillsapSupreme Court of Alabama · 1928
- Nelson v. KellySupreme Court of Alabama · 1890