Legal Opinion

Morton v. Allen

Supreme Court of Alabama

Decided December 19, 1912PublishedCited by 9 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. John C. Ptjgi-i. Hill by Frank Allen against William Morton to declare a deed absolute on its face a mortgage and to redeem. From a decree for complainant respondent appeals.

Read the full summary

Appeal from Jefferson Circuit Court. Heard before Hon. John C. Ptjgi-i. Hill by Frank Allen against William Morton to declare a deed absolute on its face a mortgage and to redeem. From a decree for complainant respondent appeals. The conclusions reached by, the-chancellor in this case that the deed was a mortgage was not authorized by the facts and the law. —Haney v. "Robertson, 58 Ala. 27; Tribble v. Single-ion, 158 Ala. 308; West v. Hendricks, 28 Ala. 226. The burden was on the complainant to establish the averments of the bill by strong and clear and convincing evidence. — Reaves v.…

1Opinion of the Court

de GRAFFENBIET), •).

-The bill of complaint in this casé was filed by Frank Allen against William Morton for the purpose of having a conveyance which is absolute on its face, and which was made by Frank Allen to William Morton on September 6, 1910, declared to be a mortgage, and to redeem. The deed conveys certain real estate situated at or near Boyles in Jefferson county. It recites a cash consideration of $6.25 and the assumption by the grantee, Morton, of a mortgage indebtedness then existing upon the property of $905. Frank Allen was residing upon the property, which consisted of something…

2Cases cited3 opinions

  1. Crews v. ThreadgillSupreme Court of Alabama · 1859
  2. Reeves v. AbercrombieSupreme Court of Alabama · 1895
  3. Irwin v. ColemanSupreme Court of Alabama · 1911

3Cited by9 opinions

  1. Cousins v. CrawfordSupreme Court of Alabama · 1953
  2. Richardson v. CurleeSupreme Court of Alabama · 1934
  3. Miracle v. StoneCourt of Appeals of Kentucky · 1921
  4. Van Heuvel v. LongSupreme Court of Alabama · 1917
  5. Andress v. ParishSupreme Court of Alabama · 1940

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API