First National Bank v. Elliott
Supreme Court of Alabama
Appeal from the City Court of Anniston, in Equity. Heal'd before the Hon. James W. Lapslby. The 'bill in this case was filed by the appellant, the First National Bank of Anniston, against the appellees, May It. Elliott, John M. Elliott, A. G. Donehoo and Alfred H. Smith. The purpose of the bill and the facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Anniston, in Equity. Heal'd before the Hon. James W. Lapslby. The 'bill in this case was filed by the appellant, the First National Bank of Anniston, against the appellees, May It. Elliott, John M. Elliott, A. G. Donehoo and Alfred H. Smith. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. The respondents demurred to the bill upon the following grounds: “1. For-that it appears from said bill that compiainant refuses to tender or pay the. balance of the mortgage debt, secured by the several mortgages on the property sought…
1Opinion of the CourtDowdell, J.
Tbe present appeal is prosecuted from the decree of the city court sustaining respondent’s demurrers to the complainant’s bill. The facts pertinent to the question involved, as stated in the bill, are substantially as follows: On the 16th day of May, 1890, J. B. Bobinson loaned to Algernon Culberson and E. J. Cobb $3,500 for three years, and took as security a mortgage on a lot in the city of Anniston, Ala., on the corner of Tenth Street and Quintard Avenue, fronting 30 feet on Tenth Street, and running back 85 feet, said real estate being a part of lots 5 and 6 in block 16. On October *65024th,…
2Cases cited12 opinions
- Ogle v. KoernerIllinois Supreme Court · 1892
- Gresham v. WareSupreme Court of Alabama · 1885
- Harris v. MillerSupreme Court of Alabama · 1881
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Parmer v. ParmerSupreme Court of Alabama · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- McLoughlin v. ShawSupreme Court of Connecticut · 1920
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Wootten v. VaughnSupreme Court of Alabama · 1919
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