Rushton v. Davis
Supreme Court of Alabama
Appeal from the 'Circuit Court of Crenshaw. Tried before the Hon. John R. Tyson. On March 5, 1891, Mrs. F. E. Davis executed a mortgage to the American Mortgage Company of Scotland, Limited, upon certain lands, to secure the payment of money borrowed by her from said mortgage company.
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Appeal from the 'Circuit Court of Crenshaw. Tried before the Hon. John R. Tyson. On March 5, 1891, Mrs. F. E. Davis executed a mortgage to the American Mortgage Company of Scotland, Limited, upon certain lands, to secure the payment of money borrowed by her from said mortgage company. It was provided in this mortgage that.in the event of its foreclosure upon default, that any balance remaining after tlie payment of the mortgage debt and all expenses incident to the foreclosure, should be paid to the mortgagor, F. E. Davis. -Upon default being made in the payment of part of the mortgage debt,…
1Opinion of the Court
PER CURIAM. — Motions are made in this court to set aside the submissions of these causes, and thereupon to set a-side and vacate the order made in each of them on the 8th day of June, 1899, establishing bills of exceptions on the ground that said orders were procured to be made and entered'by fraud. From the reporter’s statement of the case presented on the motions it will appear that an agreed statement of facts upon which both of the cases were tried in the circuit court was materially altered 'after the trial, and as altered was inserted in the bills of exceptions proposed to be es*287tablishe…
2Cases cited8 opinions
- National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
- Planters' & Merchants' Insurance v. TunstallSupreme Court of Alabama · 1882
- Napier v. FosterSupreme Court of Alabama · 1885
- King v. MartinSupreme Court of Alabama · 1880
- Davidson v. CoxSupreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Magee v. YoungTexas Supreme Court · 1946
- Christie v. DurdenSupreme Court of Alabama · 1921
- Franklin v. NunnelleySupreme Court of Alabama · 1941
- Irwin v. ShoemakerSupreme Court of Alabama · 1920
- Swindall v. FordSupreme Court of Alabama · 1913
8 more not listed; retrieve them via the Exa API.