New England Mortgage Security Co. v. Powell
Supreme Court of Alabama
Appeal from Lowndes Chancery Court. Heard before tbe Hon. John A. Foster. Bill in equity by U. Gr. W. Powell against New England Mortgage Security Company, to cancel a mortgage and enjoin a foreclosure of tbe same.
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Appeal from Lowndes Chancery Court. Heard before tbe Hon. John A. Foster. Bill in equity by U. Gr. W. Powell against New England Mortgage Security Company, to cancel a mortgage and enjoin a foreclosure of tbe same. One of tbe grounds of demurrer to tbe bill is as follows: Tbat said bill in its allegations and also in its prayer for relief is repugnant and contradictive in tbis: that it alleges tbe mortgage contract is governed by tbe statute law of New York, and therefore illegal and void, and at tbe same time offers to submit to tbe jurisdiction of tbe court and avers facts tbat show it…
1Opinion of the CourtHead, J.
— Tbe purpose of tbe-bill is to annul and cancel, and perpetually enjoin tbe foreclosure of a mortgage executed by tbe complainant, tbe appellee, to the appellant on tbe 24th day of December, 1886, upon lands therein described, to secure a promissory note made by complainant to appellant for tbe sum of twelve hundred dollars borrowed money, and interest coupons thereto, attached. Previously, in January, 1882, complainant executed to appellant a mortgage on tbe same lands to secure a note contemporaneously made, for tbe sum of eight hundred and fifty dollars, and tbe mortga e and note of…
2Cases cited8 opinions
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Jones v. EwingSupreme Court of Alabama · 1876
- Satterfield, Ex'r. v. JohnSupreme Court of Alabama · 1875
- Harrison v. YerbySupreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Coburn v. CokeSupreme Court of Alabama · 1915
- George v. New England Mortgage Security Co.Supreme Court of Alabama · 1895
- Interstate Trust & Banking Co. v. National Stockyards Nat. BankSupreme Court of Alabama · 1917
- Allgood v. Bank of PiedmontSupreme Court of Alabama · 1896
5 more not listed; retrieve them via the Exa API.