Thornton v. Pinckard
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by Sallie H. Thornton against J. S. Pinchará and others to declare a deed absolute on its face a mortgage and to redeem from it and certain other mortgages. From a decree dismissing the bill, complainant appeals.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by Sallie H. Thornton against J. S. Pinchará and others to declare a deed absolute on its face a mortgage and to redeem from it and certain other mortgages. From a decree dismissing the bill, complainant appeals. As against Davidson the bill is one to remove and cancel her mortgage as a cloud and to set aside his judgment on the ground that by relinguishing her mortgage he satisfies her debt.— Palmer v. Hcndrie, 28 Beav. 341; s. c. 27 Beav. 249; Walker v. Jones, 3 Moore’s P. C. (N. S.) 414; Thornton v. Court, 3 D. G. McN.…
1Opinion of the CourtDenson, J.
— -Appellant in 1902 owned certain real estate in Montgomery, and mortgaged the same to Philadelphia Mortgage & Trust Company, to secure a loan of $6,000, with interest at 6 per cent., payabl semi-annually, January 1st and July 1st; $1,000 of the principal being due January 1, 1904, and the balance July 1, 1908. The loan was negotiated by J. S. Pinckard, who acted as agent for the borrower. Appellant was unable to pay the amount falling due January 1, 1904, and executed a deed to J. S. Pinckard, conveying the mortgaged property upon an expressed consideration of $10 and the assumption by…
2Cases cited11 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Stoutz v. RouseSupreme Court of Alabama · 1887
- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
- McKinstry v. ConlySupreme Court of Alabama · 1847
- Peagler v. StablerSupreme Court of Alabama · 1890
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3Cited by4 opinions
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Kirby v. ArnoldSupreme Court of Alabama · 1915
- Shaw v. LacySupreme Court of Alabama · 1917
- Van Heuvel v. LongSupreme Court of Alabama · 1917