Ponder v. Scott
Supreme Court of Alabama
Appeal from Chancery Court of Montgomery. ' Heard before Hon. Adam C. Felder. This was a bill in equity, exhibited by the appellee, Scott, against the appellants, B. K. Ponder and F. H. Cobb, and sought to enjoin Ponder from selling certain lands mortgaged by Cobb to Ponder, and also to himself, on the same day, under an agreement to which all the parties to the suit were parties, on the ground that the mortgage executed by Cobb to Ponder, was given to secure a greater sum…
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Appeal from Chancery Court of Montgomery. ' Heard before Hon. Adam C. Felder. This was a bill in equity, exhibited by the appellee, Scott, against the appellants, B. K. Ponder and F. H. Cobb, and sought to enjoin Ponder from selling certain lands mortgaged by Cobb to Ponder, and also to himself, on the same day, under an agreement to which all the parties to the suit were parties, on the ground that the mortgage executed by Cobb to Ponder, was given to secure a greater sum of money than the amount, which, by the terms of the agreement, was to be secured by the mortgage which was to have…
1Opinion of the CourtB. F. Saffold, J.
An agreement was made between the parties to this suit, by which Cobb and Scott were to exchange lands, and Ponder was to release Cobb’s land from a mortgage held by him, and in lieu of it take another mortgage, for what was due on the first, on the land to be received by Cobb from Scott.
As a condition to his assent to .this arrangement, and to a twelve months extension of time for payment of the debt due him, Ponder required Cobb to scale a payment which he had made on this debt in 1863, in Confederate money, and to give a new note for the amount they ascertained to be due. Scott was not…
2Cited by8 opinions
- Moody v. BibbSupreme Court of Alabama · 1874
- Catterlin v. MorganSupreme Court of Alabama · 1874
- Wise v. FalknerSupreme Court of Alabama · 1874
- Hill's Adm'r v. ErwinSupreme Court of Alabama · 1877
- Coster v. BarrettSupreme Court of Alabama · 1873
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