Stewart v. Wilson
Supreme Court of Alabama
Appeal from the City Court of Anniston. Heard before the Hon. W. P. Acker, Special Judge. The bill in this case was filed on October 7, 1901, by the appellant, C. W. Stewart, against the appellées.
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Appeal from the City Court of Anniston. Heard before the Hon. W. P. Acker, Special Judge. The bill in this case was filed on October 7, 1901, by the appellant, C. W. Stewart, against the appellées. The bill prayed for an interlocutory injunction, restraining respondents from proceeding further in a suit in ejectment against appellant in the City Court of An-niston until the final hearing of the cause, and prayed further that on the final hearing of the cause, a decree be rendered perpetually enjoining respondents from proceeding in the said suit-, and correcting and reforming the-description…
1Opinion of the CourtSharpe, J.
-By the proceedings had in foreclosing the mortgage of Dugger to Hughes the right of the parties to the mortgage, including the transferee Simpson Grocery Company, became fixed and the mortgage itself was extinguished.- — Stephenson v. Harris, 131 Ala. 470; Duval’s Heirs v. McLoskey, 1 Ala. 728; Waldron v. Letson, 15 N. J. Eq. 126. The mortgage having so become extinct, the fact that property was omitted therefrom by mistake in the execution of the instrument furnished no ground for reformation in equity of either the mortgage or the decree of foreclosure. See Schwickerath v. Cooksey, 53 Mo.…
2Cases cited4 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Miller v. KolbIndiana Supreme Court · 1874
- Stephenson v. HarrisSupreme Court of Alabama · 1901
- Schwickerath v. CookseySupreme Court of Missouri · 1873
3Cited by8 opinions
- Sims v. RigginsSupreme Court of Alabama · 1917
- Fisher v. VillamilSupreme Court of Florida · 1911
- Stuart v. StricklandSupreme Court of Alabama · 1919
- Dixon v. HunterSupreme Court of Missouri · 1907
- Lewis v. SmithSupreme Court of Alabama · 1957
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