Humes v. Higman
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Milton Humes against John Higman, et al., seeking to quiet his title to certain lands and fixtures therein described, he being a purchaser at foresclosure sale, under' the terms of the mortgage from Higman, and others to him. Higman filed an answer and cross bill seeking to hold Humes for a conversion of certain movable chattels alleged to have been converted by the sale and purchase of same.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Milton Humes against John Higman, et al., seeking to quiet his title to certain lands and fixtures therein described, he being a purchaser at foresclosure sale, under' the terms of the mortgage from Higman, and others to him. Higman filed an answer and cross bill seeking to hold Humes for a conversion of certain movable chattels alleged to have been converted by the sale and purchase of same. Prom the final decree, each appeal and assign the same as error. The saw mill and attachments were fixtures. — 1 Jones…
1Opinion of the CourtHabalson, J.
1. On the former appeal, the equities of the original bill, assailed on demurrer, Avere fully sustained. In its final decree the court holds that the complaijiant Avas entitled to relief under the original bill; that the evidence sustained the averments that it Avas not the intention of the parties in making the agreement of September 10, 3905, or by the foreclosure proceedings of complainant’s mortgage, made in pursuance *218of said agreement, to discharge and release the. lien of the first mortgage to complainant and others, hut was intended merely to effectuate an extension<%f the debt of the…
2Cases cited4 opinions
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Robinson Bank v. MillerIllinois Supreme Court · 1894
- Higman v. HumesSupreme Court of Alabama · 1899
- Tillman v. De LacySupreme Court of Alabama · 1885
3Cited by11 opinions
- Danville Holding Corp. v. ClementSupreme Court of Virginia · 1941
- Thomsen v. CullenWisconsin Supreme Court · 1928
- Webb v. ButlerSupreme Court of Alabama · 1915
- Grant v. BannisterCalifornia Supreme Court · 1911
- Defense Plant Corp. Tax Assessment CaseSupreme Court of Pennsylvania · 1944
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