Haygood v. Marlowe
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The bill in this case was filed on the 7th August, 1872, by George F. Marlowe, against Eugene C. Haygood, individually, and as administrator of his deceased wife, Alice M. Haygood ; and sought to foreclose a mortgage on a tract of land, which was executed to the complainant by said Haygood and his wife, and to enjoin two actions at law, which the said Haygood had instituted, as administrator of…
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Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The bill in this case was filed on the 7th August, 1872, by George F. Marlowe, against Eugene C. Haygood, individually, and as administrator of his deceased wife, Alice M. Haygood ; and sought to foreclose a mortgage on a tract of land, which was executed to the complainant by said Haygood and his wife, and to enjoin two actions at law, which the said Haygood had instituted, as administrator of his said wife, and in the name of her infant daughter, to recover the land. The material facts of the case are stated in…
1Opinion of the CourtB. F. Saffold, J.
The bill is one to foreclose a mortgage of land, given to secure the purchase-money. The appellee, Marlowe, conveyed a house and lot to the wife of the appellant, Haygood. On the same day, he took a mortgage of the premises, executed.by her and her husband, to secure the payment of three promissory notes made by the husband, for the aggregate amount of about $5,500. These notes, together with a cash payment of $2,500, constituted the consideration of the house and lot, and some furniture which was estimated at $2,000. The rights of the parties grow out of the case as thus stated.
Mrs. Haygood…
2Cases cited5 opinions
- Strong's Ex'rs v. BrewerSupreme Court of Alabama · 1850
- Goree v. WalthallSupreme Court of Alabama · 1870
- Cowles v. MarksSupreme Court of Alabama · 1872
- Byrne v. MarshallSupreme Court of Alabama · 1870
- Shepherd v. ShaeferSupreme Court of Alabama · 1871
3Cited by1 opinion
- Gardner v. KelsoSupreme Court of Alabama · 1886