Hawes v. Brown
Supreme Court of Alabama
Appeal front Coosa Chancery Court. Heard before Hon. N. S. GbauaM. In this case William L. Hawes seeks, by bill in equity against L. J. Brown, to enjoin a sale of land under a power contained in a mortgage executed by the complainant to the defendant, and to set off against the mortgage debt a judgment obtained against the defendant by one Wagner, and an account due by defendant to one Gamble, both of which are averred to have been transferred to the complainant.
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Appeal front Coosa Chancery Court. Heard before Hon. N. S. GbauaM. In this case William L. Hawes seeks, by bill in equity against L. J. Brown, to enjoin a sale of land under a power contained in a mortgage executed by the complainant to the defendant, and to set off against the mortgage debt a judgment obtained against the defendant by one Wagner, and an account due by defendant to one Gamble, both of which are averred to have been transferred to the complainant. The issue between the parties, as to the Gamble account, was whether it had been paid. The bill, as amended, avers, in substance,…
1Opinion of the CourtBriokell, C. J.
The fact the plaintiff was bound to prove, in order to obtain further relief than that which was granted to him, was, that the Gamble judgment formed part of the consideration of the mortgage debt. The fact, if it exists, must be within the knowledge of the parties, and, so far as appears, in reference to it there ought not to be cause or room for dispute. Their evidence is, however, in that painful and irreconcilable conflict which too often characterizes the testimony of litigating parties, embarrassing rather than aiding the administration of justice. As we have said, the burden of proving…
2Cases cited1 opinion
- Lehman Bros. v. McQueenSupreme Court of Alabama · 1880
3Cited by1 opinion
- Long v. GillSupreme Court of Alabama · 1885