Kramer v. Brown
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. William H. Tayloe. The bill in this case was filed by the appellees, Min.erva Brown and others, as heirs at law of Malinda Gkillard, who was their, grandmother, against the appellant, Leopold Kramer; and sought to have a deed executed by Malinda Gaillard to the respondent, Kramer, declared to be a mortgage, and that the complainants be allowed to redeem thereunder.
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. William H. Tayloe. The bill in this case was filed by the appellees, Min.erva Brown and others, as heirs at law of Malinda Gkillard, who was their, grandmother, against the appellant, Leopold Kramer; and sought to have a deed executed by Malinda Gaillard to the respondent, Kramer, declared to be a mortgage, and that the complainants be allowed to redeem thereunder. The execution of the deed was the outcome of a proposition made by Malinda Gaillard to the defendant, Leopold Kramer, to save for her the property conveyed in the…
1Opinion of the Court
McCLELLAN, J. —
The only question arising on this appeal is one of fact, namely, whether the transaction .wherein and whereby Kramer took a deed absolute on its face from Malinda Gaillard and entered into a written agreement to return the deed to her ' if she repaid him.certain money he had expended for her, within three years from the time of such expenditure, was a conditional sale or a mortgage. We do not propose to discuss the evidence at all in detail, but merely to advert to one or two principles of law pertinent to the inquiry of fact, and to announce our conclusion from the facts…
2Cases cited3 opinions
- Peagler v. StablerSupreme Court of Alabama · 1890
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Daniels v. LowerySupreme Court of Alabama · 1890
3Cited by2 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Shreve v. McGowinSupreme Court of Alabama · 1904