Tyson v. Decatur Land Co.
Supreme Court of Alabama
Appeal from tbe Chancery Court of Morgan. Heard before the Hon. W. H. Simpson. Bill by the Decatur Land Company to foreclose a mortgage.
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Appeal from tbe Chancery Court of Morgan. Heard before the Hon. W. H. Simpson. Bill by the Decatur Land Company to foreclose a mortgage. It alleged that J. R. Tyson and J. N. Arring-ton purchased a lot of land from the Decatur Land Improvement & Furnace Co., and executed their notes for the purchase money and- also a mortgage on the lot purchased; that the complainant is the owner of the notes and that they áre unpaid; that J. R. Tyson and J. N. Ar-rington sold the lot to Lucius D. G-reen and Thomas W. Priest and they in turn to Mary N. ' Morrison. These parties are all made defendants to the…
1Opinion of the Court
■ MoOLELLAN,’ C. J.
— This is a bill to foreclose a mortgage'. It is filed by the Decatur Land Company, as assignee of the mortgagee, against the mortgagors and their grantees- of the equity of redemption. Certain pleas were interposed by the respondents, Tyson and Ar-rington, which went to the whole bill and in bar of any relief upon it. These pleas Avere nqt set doAvn for hearing as to their sufficiency, nor Avas their legal sufficiency in any other manner tested or attempted to be tested. These pleas were proved. The cause Avas submitted for final decree on them, as Avell as upon the…
2Cases cited5 opinions
- Bogardus v. Trinity ChurchNew York Court of Chancery · 1833
- Hughes v. BlakeSupreme Court of the United States · 1821
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Dows v. McMichaelNew York Court of Chancery · 1836
- Forrest v. RobinsonSupreme Court of Alabama · 1841
3Cited by14 opinions
- Stein v. McGrathSupreme Court of Alabama · 1900
- Prowell v. WilsonSupreme Court of Alabama · 1929
- Town of New Decatur v. ScharfenbergSupreme Court of Alabama · 1906
- Cartwright v. WestSupreme Court of Alabama · 1911
- Mylin v. KingSupreme Court of Alabama · 1903
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