Brewer v. Arantz
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. J. B. Brewer brought his bill against George Arantz & Brothers to cancel a mortgage and for injunction to prevent the sale of the property mortgaged. The mortgage was executed to secure the payment of notes by the complainant to the defendants which were made for the purchase money of certain saw logs purchased by complainant from defendants. The bill alleges fraud and deceit on the part of defendants.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. J. B. Brewer brought his bill against George Arantz & Brothers to cancel a mortgage and for injunction to prevent the sale of the property mortgaged. The mortgage was executed to secure the payment of notes by the complainant to the defendants which were made for the purchase money of certain saw logs purchased by complainant from defendants. The bill alleges fraud and deceit on the part of defendants. Answer was made denying the allegations of the bill and a cross-bill filed to foreclose the mortgage. The facts are sufii- .…
1Opinion of the CourtSiiakpe, J.
— The demurrer to the whole cross-bill presented but a single issue of law and the decree thereon was effective only so far as it disposed of that issug. The result was to sustain the demurrer- and that result-being in the complainant’s favor he cannot complain.of the decree though it was based upon only one of- the- sev eral grounds of demurrer. — McDonald v. Pearson, 114 Ala. 630; Steiner v. Parker, 108 Ala. 357.
Tin* objection made to a part of the cross-bill by the third demurrer, is contained and better presented in the sixth Avhich AAras sustained. There Avas no error- in overruling the…
2Cases cited3 opinions
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Steiner & Lobman v. Parker & Co.Supreme Court of Alabama · 1895
- Trippe v. TrippeSupreme Court of Alabama · 1857
3Cited by4 opinions
- Hafer v. ColeSupreme Court of Alabama · 1912
- Stone v. WalkerSupreme Court of Alabama · 1917
- Bethea-Starr Packing & Shipping Co. v. MaybenSupreme Court of Alabama · 1915
- Pritchett v. FifeAlabama Court of Appeals · 1913