Morton v. Allen
Supreme Court of Alabama
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.
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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
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-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
- Crews v. ThreadgillSupreme Court of Alabama · 1859
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Irwin v. ColemanSupreme Court of Alabama · 1911
3Cited by9 opinions
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Richardson v. CurleeSupreme Court of Alabama · 1934
- Miracle v. StoneCourt of Appeals of Kentucky · 1921
- Van Heuvel v. LongSupreme Court of Alabama · 1917
- Andress v. ParishSupreme Court of Alabama · 1940
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