Rodgers v. Burt
Supreme Court of Alabama
Appeal from Bibb Chancery Court. Heard before Hon. Thomas H. Smith. Bill by L. A. Bnrt against J. M. Rodgers to have a conveyance absolute on its face declared a mortgage.— From a judgment for complainant, respondent appeals. The court should have sustained the demurrers to the bill.
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Appeal from Bibb Chancery Court. Heard before Hon. Thomas H. Smith. Bill by L. A. Bnrt against J. M. Rodgers to have a conveyance absolute on its face declared a mortgage.— From a judgment for complainant, respondent appeals. The court should have sustained the demurrers to the bill. The intention must have been that of the grantee as well as of the grantor, and this should be averred. — Beeves v. Abercrombie, 108 Ala. 537; West v. Hendricks, 28 Ala. 234; Smith v. Smith, 45 South. 170. The measure of proof required in such case is well understood. — Reeves v. Abercrombie, supra; 'Knaus v.…
1Opinion of the Court
DENSON, J.-
— The bill in this case is filed by the grantor in a conveyance of lands absolute on its face, against the grantee, to have the conveyance declared in reality a mortgage, and praying that the grantee be let in to redeem the lands therein conveyed. The principle underlying the doctrine invoked by the bill is “that it would be a virtual fraud for the grantee to insist upon the deed as an absolute conveyance of the title, which had been intentionally given to him, and which he had knowingly accepted, merely as a security, and therefore in reality as a mortgage.” 3 Pom. Eq. Jur. §…
2Cases cited17 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Locke's v. PalmerSupreme Court of Alabama · 1855
- West v. HendrixSupreme Court of Alabama · 1856
- Peeples v. StollaSupreme Court of Alabama · 1876
- Douglass v. MoodySupreme Court of Alabama · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bank of New Brockton v. DunnavantSupreme Court of Alabama · 1920
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Barton v. McDermottCalifornia Court of Appeal · 1930
- Ward v. AresNew Mexico Supreme Court · 1924
- Miles v. RhodesSupreme Court of Alabama · 1930
14 more not listed; retrieve them via the Exa API.