Barnett v. McMillan
Supreme Court of Alabama
Appeal from Monroe Law and Equity Court. Heard before Hon. C. K. Torrey, Special Judge. . Bill by the members composing the firm of Barnett & Jackson against Carrie M. McMillan for an injunction to restrain a mortgage sale, and for cancellation of a moidgage. From a decree for respondents complainants appeal.
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Appeal from Monroe Law and Equity Court. Heard before Hon. C. K. Torrey, Special Judge. . Bill by the members composing the firm of Barnett & Jackson against Carrie M. McMillan for an injunction to restrain a mortgage sale, and for cancellation of a moidgage. From a decree for respondents complainants appeal. An assignment to the owner of the equity of redemption who is not the original mortgagor, but is a subsequent purchaser, -will not operate as a discharge or merger of the mortgage, as it is to his manifest interest to hold the two different titles distinct if he has any occasion for…
1Opinion of the CourtSimpson, J.
The bill in this case is filed by the appellants against the appellee, alleging that complainants are the owners of the lands described in the bill, under conveyances from Cornelia R. Smith and her husband, David K. Smith, to B. H. Stallworth, whose title has passed to complainants; that said Stallworth agreed to purchase said land on the 23d day of July, 1908, at which time there were two mortgages on the same, one from said D. K. and Cornelia Smith, to C. A. Smith, of November 1, 1907, for $300, which was transferred to said Stallworth on November 3, 1908, and another by the same parties,…
2Cases cited2 opinions
- Gresham v. WareSupreme Court of Alabama · 1885
- Ehrman v. Alabama Mineral Land Co.Supreme Court of Alabama · 1895
3Cited by12 opinions
- First Nat. Bank v. Gilbert Imported Hardwoods, Inc.Supreme Court of Alabama · 1981
- In Re SimsUnited States Bankruptcy Court, N.D. Alabama · 1995
- Upchurch v. WestSupreme Court of Alabama · 1937
- In Re McKinneyUnited States Bankruptcy Court, S.D. Alabama · 1994
- A. M. Robinson Co. v. Anniston Land Co.Supreme Court of Alabama · 1928
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