Cotton v. Scott
Supreme Court of Alabama
Appeal from tbe City Court of Decatur. Heard before tbe Hon. W. H. Simpson. Bill by Jobn W. Scott against Mary W. Cotton to foreclose a mortgage.
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Appeal from tbe City Court of Decatur. Heard before tbe Hon. W. H. Simpson. Bill by Jobn W. Scott against Mary W. Cotton to foreclose a mortgage. Tbis is tbe second appeal in tbis case, tbe former being reported in 91 Ala. 623. No brief came to bands of tbe reporter. contended that the defenses set up were cross demands and could not be treated as payments in the absence of agreement between the parties, citing Aultman v. Gamble, 88 Ala. 424; McCurdy v. Middleton, 82 Ala. 131; Wharton v, King, 69 Ala. 365; that such defenses are available only by cross-bill: Weaver v. Broxvn, 87 Ala. 533;…
1Opinion of the CourtHabalson, J.
— When this cause was here, on a former appeal, (see Scott v. Cotton, 91 Ala. 623,) we affirmed the validity of the mortgage, and the appellee’s right to a foreclosure of the same. The matters for review on this appeal were not then considered. They are three in number: 1st, a claim by appellant for $361.36, for goods alleged to have been sold' by the appellant to the -appellee, after the sale of the stock of goods by him to her, and after her mortgage to him; 2d, a claim by her against him, for the alleged conversion by him of certain shares of stock of the Decatur Land, Improvement &…
2Cases cited6 opinions
- Goodwin v. McGeheeSupreme Court of Alabama · 1849
- Chambers v. WrightSupreme Court of Alabama · 1875
- Scott v. CottenSupreme Court of Alabama · 1890
- Ketchum v. CreaghSupreme Court of Alabama · 1875
- Beall v. McGeheeSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sinclair Refining Co. v. Midland Oil Co.Court of Appeals for the Fourth Circuit · 1932
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
- Chenault v. MilanSupreme Court of Alabama · 1920
- Hamilton v. Terry Furniture & Loan Co.Supreme Court of Alabama · 1921
- Equitable Life Assur. Soc. v. RobertsSupreme Court of Alabama · 1934
1 more not listed; retrieve them via the Exa API.