Merchants' & Farmers' Bank v. Rainer
Supreme Court of Alabama
1Opinion of the CourtSayre, J.
When appellant advertised a sale of appellee’s property under the power in a mortgage which appellee had given to appellant to secure the payment of $36,-500, appellee filed this bill to enjoin the threatened foreclosure, averring that the amount of the indebtedness evidenced by the mortgage was greatly in excess of his real indebtedness to appellant, offering to pay his just debt, praying an accounting to ascertain the same and an injunction pending such ascertainment. Evidence was taken before the register as commissioner, the great volume of it touching upon the -state of the account…
2Cases cited9 opinions
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Paulling v. Creagh's AdministratorsSupreme Court of Alabama · 1875
- Langdon v. Roane's Adm'rSupreme Court of Alabama · 1844
- Phillipps v. Birmingham Industrial Co.Supreme Court of Alabama · 1909
- Scheuer v. BerringerSupreme Court of Alabama · 1893
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3Cited by3 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1956
- Hatcher v. LammonsSupreme Court of Alabama · 1927