Jackson v. Jackson
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Bill by M. L. Jackson against J. P. Jackson and others to declare a deed a mortgage and to redeem. From a decree denying the relief prayed, complainant appeals. Ruder the facts in this case, equity will treat the deed as a mortgage. 72 Ala. 361. While property is usually worth what it brings, there was manifest a great disparity between the value of the laud and what Spear loaned upon it.
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Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Bill by M. L. Jackson against J. P. Jackson and others to declare a deed a mortgage and to redeem. From a decree denying the relief prayed, complainant appeals. Ruder the facts in this case, equity will treat the deed as a mortgage. 72 Ala. 361. While property is usually worth what it brings, there was manifest a great disparity between the value of the laud and what Spear loaned upon it. Ill Ala. 621, 20 South. 614; 157 Ala. 206, 47 South. 289; 200 Ala. 27, 75 South. 839. The admission of Spear of an agreement to repurchase,…
1Opinion of the CourtAnderson, C. J.
The complainant’s bill seeks to have a deed by him to one of these respondents, T. J. Spear, absolute upon its face, declared a mortgage and to redeem, and he testified in support of this contention. The respondent Spear claims, and so testified in effect, that the deed was never intended as a mortgage, but was a straight out sale of the land, though he did agree to resell the same to the complainant, if he saw fit to repurchase by the 25th of the following December, and which he did not do. According to the respondent’s theory of the transaction, the deed in question was never intended by…
2Cases cited1 opinion
- Fitzpatrick v. StringerSupreme Court of Alabama · 1917
3Cited by5 opinions
- Halle v. BrooksSupreme Court of Alabama · 1923
- American Nat. Bank & Trust Co. v. PowellSupreme Court of Alabama · 1937
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Stephens v. StephensSupreme Court of Alabama · 1966
- Mullinax v. State Ex Rel. HunterSupreme Court of Alabama · 1943