Legal Opinion

Lyon v. Dees

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 1 opinion

Appeal from the Cuaucery Court of Choctaw. Heard before the Hon. W. H. Tayloe. The bill in this case was filed on December 29, 1886, by the appellee, W. J. Dees, against J. M. Lyon, M. J. Lyon, his sister, and Calvin Dees; and prayed for an accounting between the defendant J. M. Lyon and the complainant, and that the complainant be allowed to redeem certain lands, which were conveyed to the defendant J. M. Lyon by a mortgage, and afterwards sold under the power of sale ; and…

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Appeal from the Cuaucery Court of Choctaw. Heard before the Hon. W. H. Tayloe. The bill in this case was filed on December 29, 1886, by the appellee, W. J. Dees, against J. M. Lyon, M. J. Lyon, his sister, and Calvin Dees; and prayed for an accounting between the defendant J. M. Lyon and the complainant, and that the complainant be allowed to redeem certain lands, which were conveyed to the defendant J. M. Lyon by a mortgage, and afterwards sold under the power of sale ; and that the deed from the sheriff to J. M. Lyon, conveying the lands sold under an execution sale be set aside, and that…

1Opinion of the CourtColeman, J.

The amended bill shows that appellant J. M. Lyon, the defendant, was the assignee of a judgment recovered by one Ward for the sum of $482.70 against W. J. and Calvin Dees; that after the death of Ward the judgment was revived in the name of the assignee, with the consent of the judgment debtors, for the full amount of the judgment. The bill further avers that J. M. Lyon was the mortgagee of three several mortgages executed by complainant Dees, one dated 18th of May, 1878, for $500, one dated 27th of August, 1878, for $514, and one dated March 6th, 1882, for $350. The bill avers that the two…

2Cases cited2 opinions

  1. Lyons & Co. v. McCurdySupreme Court of Alabama · 1890
  2. Lyon v. DeesSupreme Court of Alabama · 1887

3Cited by1 opinion

  1. Francis v. SheatsSupreme Court of Alabama · 1907

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