O'Conner v. Nadel
Supreme Court of Alabama
Appeal from the City Court of Gadsden, in Equity. Heard before the Hon. John H. Disque. The bill in this case was filed by the appellee, Charles C. Nadel, against the appellant, W. Scott O’Connor, to foreclose a mortgage.
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Appeal from the City Court of Gadsden, in Equity. Heard before the Hon. John H. Disque. The bill in this case was filed by the appellee, Charles C. Nadel, against the appellant, W. Scott O’Connor, to foreclose a mortgage. The bill as amended averred the following facts : The appellant, W. Scott O’Connor, defendant below, was the owner, on the 7th of March, 1895, of certain lands, “known as the town property of the Attalla Iron & Steel Company, situated at Attalla, Etowah county, Alabama, as indicated by a certain map,” &c.; that on or about that day, the defendant applied to the appellee,…
1Opinion of the CourtHaralson, J.
1. The defendant gave no separate note for the $5,000 he borrowed from complainant, nor was this necessary, for a recital of indebtedness in the mortgage is sufficient evidence of the debt, whether in an action of assumpsit by the ■ mortgagee to recover the debt, or in a suit to foreclose it. A mortgage note is not essential to the validity of the mortgage. — 1 Jones on Mort., § 71.
2. The bond given by Louis Burchard and others to the complainant, the same day the mortgage was given, and which was not signed by the defendant, was nopart of the mortgage. This bond was given to complainant as…
2Cases cited1 opinion
- Reynolds v. KirkSupreme Court of Alabama · 1894
3Cited by7 opinions
- New England Novelty Co. v. SandbergMassachusetts Supreme Judicial Court · 1944
- Harris v. TheusSupreme Court of Alabama · 1907
- Counts v. MedleyMissouri Court of Appeals · 1912
- Fayette County Board of Education v. TompkinsCourt of Appeals of Kentucky (pre-1976) · 1926
- Bufford v. RaneySupreme Court of Alabama · 1898
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