Legal Opinion

Garner v. Peters

Supreme Court of Alabama

Decided April 25, 1957No. 8 Div. 888PublishedCited by 2 opinions

1Opinion of the Court

GOODWYN, Justice.

On September 11, 1956, James D. Garner filed a bill of complaint in the circuit court of Morgan County, in equity, against Andrew D. and Helen G. Peters seeking to-enjoin the Peters from foreclosing a mortgage executed by Garner and his wife, Dorothy M. Garner, and offering to do-equity. The import of the bill is that the complainant is not in default in payment of the monthly installments due on the mortgage indebtedness; and that the respondents have refused to accept, without just cause or legal excuse, the current payment due on said indebtedness it being alleged that…

2Cases cited17 opinions

  1. Lamar v. Lincoln Reserve Life Ins. Co.Supreme Court of Alabama · 1930
  2. Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
  3. Haralson v. WhitcombSupreme Court of Alabama · 1917
  4. Maryland Casualty Co. v. HolmesSupreme Court of Alabama · 1935
  5. Carpenter v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1938

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3Cited by2 opinions

  1. Clark v. CaseSupreme Court of Alabama · 1957
  2. Crawford v. EspallaSupreme Court of Alabama · 1958

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