Jones v. Davis
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. W. R. Francis, Special Chancellor. This is a suit by bill in equity brought by Malinda J. Jones against O. P. Davis and others to foreclose a mortgage. The facts are stated in the opinion. — The mortgage to O. P. Davis, Admr., was a continuance and preservation of the lien for the purchase money. — Wilson v. Knight, 59 Ala. 172; Kciscr v. Bahhoin, 62 Ala. 526; Feuche v. Sioain, 80 Ala. 151.
1Opinion of the CourtTyson, J.
— This appeal is prosecuted by the complainant from a decree dismissing her bill, adjudging an unrecorded mortgage which she alleges was executed by J. L. Davis to her in 1883 as subordinate to the lien of the respondent Mary J. Davis, acquired by her by certain transfers which will be noticed later on.
The facts appear, without dispute, to be, that in 1883, J. L. Davis 'purchased the land, claimed by complainant to have been conveyed to her by mortgage, from J. J. Davis paying part of the purchase money in cash and executing his note for the balance. That complainant was present when this…
2Cases cited3 opinions
- Gristock v. Royal InsuranceMichigan Supreme Court · 1891
- Fouche v. SwainSupreme Court of Alabama · 1885
- Brothers v. DurbonSupreme Court of Iowa · 1876
3Cited by4 opinions
- Shaddix v. National Surety Co.Supreme Court of Alabama · 1930
- Threefoot Bros. & Co. v. HillmanSupreme Court of Alabama · 1900
- Hart v. GardnerMississippi Supreme Court · 1902
- Hassell v. HassellSupreme Court of Alabama · 1900