Blum & Co. v. Mitchell
Supreme Court of Alabama
Appeal from tbe Chancery Court of Montgomery. Heard before the Hon. Huriosco AugTiLL. D. C. Mitchell and Mrs. Mary F. Leak intermarried in December, 1874, and on the 15th of March, 1876, they filed a bill of complaint in the Chancery Court of Montgomery county against E. Blum & Co., to enjoin them from foreclosing a mortgage executed by Mary F. Leak on the second day of February, 1870. The other facts appear in the opinion.
1Opinion of the Court
BRICKELL, C. J.—
The undisputed facts of this case, are, that on the second day of February, 1870, the appellee executed to the appellant a mortgage of real estate to secure the payment of a promissory note, which is copied into the mortgage, and recites that its consideration was an advance made by the appellant to aid the appellee in growing a crop. The note matured—the law day of the mortgage expired, and the appellee voluntarily quit the possession of the premises ; the appellant immediately entering without objection from the appellee, and remained in quiet and undisputed possession,…
2Cases cited1 opinion
- May v. EastinSupreme Court of Alabama · 1835
3Cited by9 opinions
- Lovelace v. HutchinsonSupreme Court of Alabama · 1894
- Kilpatrick v. HensonSupreme Court of Alabama · 1886
- McQueen v. WhetstoneSupreme Court of Alabama · 1900
- Bank of Guntersville v. WebbSupreme Court of Alabama · 1895
- Hardegree v. RileySupreme Court of Alabama · 1929
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