West v. Hendrix
Supreme Court of Alabama
Appeal from the Chancery Court of Cherokee. Heard before the Hon. A. J. Walkee. This bill was filed by John C. West and wife, the appellants, against John.M.
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Appeal from the Chancery Court of Cherokee. Heard before the Hon. A. J. Walkee. This bill was filed by John C. West and wife, the appellants, against John.M. Hendrix and W. W. Jackson; and its material allegations were the following : That on the 26th June, 1847, complainant Sarah, who was then unmarried, and whose name at that time was Sarah Smith, was seized of a certain forty-acre tract of land, and said John C. West was at the same time indebted to said Hendrix, by open account, in the sum of $53 71; that said Hendrix, pretending to be anxious to secure said debt, proposed to complainant…
1Opinion of the CourtRice, J.
A mortgage is essentially a security for a debt. When no debt exists, a mortgage is impossible. — -Conway v. Alexander, 7 Cranch, 218; Chapman v. Hughes, 14 Ala. Rep. 218.
When a conveyance is made -in satisfaction of a precedent debt, it cannot take effect as a mortgage, although containing a redemption clause; for, the previous debt being extinguished, and no new one created, one of the essential attributes of a mortgage is wanting. — Poindexter v. McCannon, 1 Devereux’s Eq. Rep. 373; Holmes v. Grant, 8 Paige, 243; Robinson v. Cropsey, 6 Paige, 480; same case, 2 Edw. Ch. Rep. 138; McKinstry…
2Cases cited8 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Holmes v. GrantNew York Court of Chancery · 1840
- McKinstry v. ConlySupreme Court of Alabama · 1847
- Brantley v. WestSupreme Court of Alabama · 1855
- Robinson v. CropseyNew York Court of Chancery · 1833
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Smith v. SmithSupreme Court of Alabama · 1907
- Peeples v. StollaSupreme Court of Alabama · 1876
- Douglass v. MoodySupreme Court of Alabama · 1885
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
- Knaus v. DreherSupreme Court of Alabama · 1887
33 more not listed; retrieve them via the Exa API.