Fidelity Mortgage Bond Co. v. Morris
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Fidelity Mortgage Bond Company against W. M. Morris and others for an accounting, cancellation of a deed, and sale of property to pay debts and to declare a deed a general assignment. From a decree sustaining demurrers to the amended bill, complainant appeals.
Read the full summary
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Fidelity Mortgage Bond Company against W. M. Morris and others for an accounting, cancellation of a deed, and sale of property to pay debts and to declare a deed a general assignment. From a decree sustaining demurrers to the amended bill, complainant appeals. For the case as made by the original bill see Morris et al. v. Fidelity Mortgage Bond Co., 187 Ala. 262, 65 South. 810. The bill ivas amended by striking paragraph 6, and substituting therefor the following: That the claims of' complainant were in…
1Opinion of the CourtSaybe, J.
After the reversal of the decree overruling a demurrer to- the bill as originally filed in this cause (Morris v. Fidelity Mortgage Bond Co., 187 Ala. 262, 65 South. 810), complainant amended its bill so as to show that after the transaction complained of and before the filing of its bill defendant Morris had conveyed the mortgaged property to one Mattie Dodge, who was not a party to the cause. Demurrer was interposed to the amended bill, was sustained, and complainant has appealed.
The amendment'cured the objection formerly taken to that alternative aspect of the bill which sought relief by…
2Cases cited4 opinions
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Tucker v. McDonaldMassachusetts Supreme Judicial Court · 1870
- Morris v. Fidelity Mortgage Bond Co.Supreme Court of Alabama · 1914
- Preston v. ColbyIllinois Supreme Court · 1886
3Cited by3 opinions
- Merchants' Bank v. ParrishSupreme Court of Alabama · 1925
- Nelson v. BoeSupreme Court of Alabama · 1933
- Ogletree v. TateSupreme Court of Alabama · 1932