Thompson v. Ware
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; R. 0. Brickell, Judge. Bill in equity by Mary P. Thompson against Sarah E. Ware and another. Prom a decree dismissing the bill, complainant appeals.
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Appeal from Circuit Court, Madison County; R. 0. Brickell, Judge. Bill in equity by Mary P. Thompson against Sarah E. Ware and another. Prom a decree dismissing the bill, complainant appeals. Appellant, Mary P. Thompson, filed this bill against the appellees for the foreclosure of a mortgage on certain real estate situated in Madison county, Ala., executed by the appellees to the appellant in September, 1911. It was the contention of the respondents that the mortgage had been fully paid; the same having been paid to one Turner Petty, who, it is insisted, was the agent of the complainant, the…
1Opinion of the CourtGardner, J.
It is without dispute that the mortgagors (respondents to this bill) had paid to one Turner Petty, an attorney at Huntsville, Ala., a sufficient sum to discharge the entire mortgage indebtedness prior to the filing of the bill in this cause. The sole question therefore for determination is the sufficiency of the evidence to justify the conclusion that said Petty, as the agent for the mortgagee, acted within the scope of his authority in collecting the amount due on the mortgage.
The loan was made in September, 1911. The mortgagors applied for a loan to said Petty, who informed them that the…
2Cases cited7 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
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- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- McClung's Ex'rs v. SpotswoodSupreme Court of Alabama · 1851
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
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