Jones v. Reese
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. H. Austill. The original bill in this case was filed on the 24th December, 1874, by Mrs. Maria Y. Beese, the wife of Lewis C. Beese, and their two infant children, against Mrs. John Allen Jones and said Lewis C. Beese; and sought to enjoin and restrain a sale of certain property by Mrs. Jones, under a mortgage executed to her by said Beese and wife, and to have the mortgage annulled and cancelled.
Read the full summary
Appeal from the Chancery Court of Lowndes. Heard before the Hon. H. Austill. The original bill in this case was filed on the 24th December, 1874, by Mrs. Maria Y. Beese, the wife of Lewis C. Beese, and their two infant children, against Mrs. John Allen Jones and said Lewis C. Beese; and sought to enjoin and restrain a sale of certain property by Mrs. Jones, under a mortgage executed to her by said Beese and wife, and to have the mortgage annulled and cancelled. The mortgage, a copy of which was made an exhibit to the bill, was dated the 5th April, 1873; was signed by said Lewis Beese and…
1Opinion of the CourtBrickell, C. J.
— The original bill, filed by Mrs. Reese and her children, to enjoin a sale of thp premises under the power in the mortgage executed by her husband, and the bills for foreclosure filed by the mortgagees, were silently regarded as forming but one suit, and a single decree rendered by the Chancery Court. There is but one proposition involved, as the case has been presented in argument; and that is, whether the mortgagors had in the mortgaged premises, or in the rents and profits accruing from them, an estate, or an interest, which they could alien by mortgage for any purpose, other than as a…
2Cases cited13 opinions
- Demarest v. WynkoopNew York Court of Chancery · 1817
- You v. FlinnSupreme Court of Alabama · 1859
- Short v. BattleSupreme Court of Alabama · 1875
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Pitts v. PowledgeSupreme Court of Alabama · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Reeves v. BrooksSupreme Court of Alabama · 1885
- Tatum v. Commercial Bank & Trust Co.Supreme Court of Alabama · 1914
- Todd v. Interstate Mortgage & Bond Co.Supreme Court of Alabama · 1916
22 more not listed; retrieve them via the Exa API.