Giddens v. Bolling
Supreme Court of Alabama
Appeal from tbe Chancery Court of Pike. Heard before tbe Hon. John A. Poster. Tbe facts in tbis cause were tbus stated by Haralson, J.: “Tbe bill in tbis case was filed by tbe appellant against tbe appellee, on tbe 2d of- January, 1890. It sets out that complainant was tbe owner in fee of 1436 acres of land— wbicb is particularly described — lying and being in tbe county of Pike in tbis State; that be is, and bas been for about twenty years past, a married man, tbe bead of…
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Appeal from tbe Chancery Court of Pike. Heard before tbe Hon. John A. Poster. Tbe facts in tbis cause were tbus stated by Haralson, J.: “Tbe bill in tbis case was filed by tbe appellant against tbe appellee, on tbe 2d of- January, 1890. It sets out that complainant was tbe owner in fee of 1436 acres of land— wbicb is particularly described — lying and being in tbe county of Pike in tbis State; that be is, and bas been for about twenty years past, a married man, tbe bead of a, family, and resides on tbe lands described, with' bis family, as their homestead, and was residing tberepn at tbe date…
1Opinion of the Court
HARALSON, J.-
-There is no allegation or proof in this case that the defendant, Bolling, or any other person, practiced any fraud upon Mrs. Giddens to procure her signature and acknowledgment of the mortgage before the justice of the peace. The proof is undisputed, that the mortgage was executed and acknowledged in Pike county and delivered to defendant in Montgomery. The defendant testifies, that he never heard of the alleged failure and refusal of Mrs. Giddens to sign or acknowledge the mortgage, until the year 1888, more than two years after it had been foreclosed; and the proof is abundant…
2Cited by13 opinions
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- Qualls v. QuallsSupreme Court of Alabama · 1916
- Thompson v. New England Mortgage Security Co.Supreme Court of Alabama · 1895
- American Freehold Land Mortgage Co. v. ThorntonSupreme Court of Alabama · 1895
- Leonard v. WhitmanSupreme Court of Alabama · 1947
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