Jones v. Meriwether
Supreme Court of Alabama
Appeal from Circuit dourt, Marengo County ; Robert I. Jones, Judge. Bill by U. iS. Jones and others against Alice C. Meriwether and others. From decree rendered, complainants appeal.
1Opinion of the CourtAnderson, C. J.
The majority are of the opinion that the decree of the trial court should be affirmed, and 'that the bill is wanting in equity. The bill primarily seeks a cancellation of the mortgage and foreclosure deed upon the theory that the mortgage was paid at the time of the foreclosure, and that said foreclosure was therefore abortive; or, secondly, to redeem in case said mortgage was nqt fully paid.
[1] As a bill for cancellation, the only averment of payment or satisfaction that the mortgage debt was paid is, in effect, that it would have been paid by the application of the usurious interest paid to…
2Cases cited9 opinions
- Barclift v. FieldsSupreme Court of Alabama · 1906
- Drum & Ezekiel v. BryanSupreme Court of Alabama · 1915
- Burke v. BrewerSupreme Court of Alabama · 1901
- Drake v. RhodesSupreme Court of Alabama · 1908
- Liddell & Co. v. CarsonSupreme Court of Alabama · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- &198tna Ins. Co. v. Baldwin Cty. Bldg. Loan Ass'nSupreme Court of Alabama · 1935
- McCormick v. FallierSupreme Court of Alabama · 1931
- First Nat. Bank of Opp v. BolesSupreme Court of Alabama · 1936
- Hardin v. Grenada BankMississippi Supreme Court · 1938
12 more not listed; retrieve them via the Exa API.