Legal Opinion

Johnson v. Hattaway

Supreme Court of Alabama

Decided May 21, 1908PublishedCited by 6 opinions

Bill to Deolwre an Absolute Deed A Mortgage. Appeal from Coffee Chancery Court. Heard before Hon. W. L. Parks. Bill by R. J. Hattaway against N. B. Johnson. Prom a decree for complainant, defendant appeals. The following is a copy of the lease agreement referred to in the opinion: “State of Alabama, Pike County.

Read the full summary

Bill to Deolwre an Absolute Deed A Mortgage. Appeal from Coffee Chancery Court. Heard before Hon. W. L. Parks. Bill by R. J. Hattaway against N. B. Johnson. Prom a decree for complainant, defendant appeals. The following is a copy of the lease agreement referred to in the opinion: “State of Alabama, Pike County. This agreement, made on the 2d day of September 1908, between R. J. Hataway and Exa Hataway, parties of the first part, and N. B. Johnson, party of the second part, witnesseth: That for and in consideration of certain agreements herein contained to be performed by the said N. B.…

1Opinion of the CourtSimpson, J.

The bill was Filed in tbis case by the appellee against the appellant for the purpose of having an absolute deed declared to be a mortgage, etc. [Respondent made a motion to dismiss the bill for want of equity, which motion was overruled. A decree pro confesso was taken, followed by a reference and final decree. The assignments of error are to the rendering of the decree overruling the motion to dismiss, the decree declaring complainant entitled to relief and ordering the reference, and the final decree.

The facts set out in the bill are that the complainant oived a balance of $150 on the land…

2Cases cited10 opinions

  1. McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1876
  2. West v. HendrixSupreme Court of Alabama · 1856
  3. Knaus v. DreherSupreme Court of Alabama · 1887
  4. Peagler v. StablerSupreme Court of Alabama · 1890
  5. Haynie v. RobertsonSupreme Court of Alabama · 1877

5 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Humble Oil & Refining Co. v. AtwoodTexas Supreme Court · 1951
  2. Jasper v. EddinsSupreme Court of Alabama · 1922
  3. Agee v. Agees's Cash Store No. 2Supreme Court of Alabama · 1924
  4. Greil v. DurrSupreme Court of Alabama · 1919
  5. Valenzuela v. SellersSupreme Court of Alabama · 1949

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API