Shreve v. McGowin
Supreme Court of Alabama
Appeal from the Chancery Court of Escambia. Heard before the Pión. W. L. Parks. No statement of facts is deemed necessarj in this cause.
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Appeal from the Chancery Court of Escambia. Heard before the Pión. W. L. Parks. No statement of facts is deemed necessarj in this cause. The existence of a debt is absolutely necessary before a deed absolute on its face can be declared a mortgage. — Vincent v. Walker, 86 Ala. 333; Douglas v. Moody, 80 Ala. 61; Mitchell v. Wellhain, 80 Ala. 16; Peeples v. Btolla, 57 Ala. 53. Reserving the right to re-purchase at a fixed day does not convert an instrument, otherwise purporting to be a conditional sale, into a mortgage. — Hayne v. Robertson, 58 Ala. 37; Loyxoood v. Hussey, 60 Ala. 417. The fact…
1Opinion of the CourtDowdell, J.
The appeal in this case is taken from the decree of the chancellor overruling the demurrer to the bill. The purpose of the bill is to have a deed absolute on its face declared a mortgage, and to let in the complainant to redeem. There are two' questions raised by the demurrer;' first, whether the bill shows any relaf.ion of creditor and debtor to exist between the com*667plainant and respondent; and, therefore, whether there is a mortgage; and secondly, the statute of frauds.
As to the second proposition, if the averments of. the bill are sufficient to- show that the relation of creditor and…
2Cases cited4 opinions
- Giddens v. PowellSupreme Court of Alabama · 1895
- Hieronymus Bros. v. GlassSupreme Court of Alabama · 1897
- Kramer v. BrownSupreme Court of Alabama · 1896
- Williams v. RegganSupreme Court of Alabama · 1895
3Cited by2 opinions
- Irwin v. ColemanSupreme Court of Alabama · 1911
- Brightwell v. McAfeeSupreme Court of Missouri · 1913