Brown v. Bell
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Stephen Bell against R. H. Brown and S. B. King, to enjoin the foreclosure of a mortgage and to redeem. From a decree overruling demurrers to the bill, and declining to dissolve the injunction, respondents appeal.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Stephen Bell against R. H. Brown and S. B. King, to enjoin the foreclosure of a mortgage and to redeem. From a decree overruling demurrers to the bill, and declining to dissolve the injunction, respondents appeal. There was no equity in the bill, and the injunction should have been dissolved. 77' Ala. 371. The court erred in retaining the-injunction after the coming in of the answer- and the affidavit. 134 Ala. 288, 32 South. 301; 140 Ala. 527, 37 South. 345; 194 Ala. 491, 69 South. 897; 193 Ala. 176, 68 South. •984;…
1Opinion of the CourtGardner, J.
This bill was filed by appellee for the primary purpose of exercising the equity of redemption as to a certain mortgage executed July 14, 1920, and payable' January 14, 1921. It is averred that the mortgage was given to secure a loan of $400, and that for the use of said sum complainant Bell agreed to pay $150 and $48. The mortgage is made an exhibit to the bill, and discloses that it embraces real estate and certain rights, contracts, and equities referred to as personalty. The bill further alleges that while the mortgage was exeéuted to respondent King, yet it had been transferred by King…
2Cases cited6 opinions
- Profile Cotton Mills v. Calhoun Water Co.Supreme Court of Alabama · 1914
- Fair v. CummingsSupreme Court of Alabama · 1916
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Franklin v. LongSupreme Court of Alabama · 1915
- Mobile & Western Railway Co. v. Fowl River Lumber Co.Supreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Castleman v. KnightSupreme Court of Alabama · 1927
- West v. State Ex Rel. MatthewsSupreme Court of Alabama · 1937
- MacKe v. ScacciaSupreme Court of Alabama · 1931
- McDermott v. HalliburtonSupreme Court of Alabama · 1929
- Loop National Bank of Mobile v. CoxSupreme Court of Alabama · 1951
16 more not listed; retrieve them via the Exa API.