May v. Folsom
Supreme Court of Alabama
. Bill in Equity for the Foreclosure of a Mortgage. Appeal from tlie Chancery Court of Dale. Tlie bill in tliis case was filed on February 19, 1895, by tlie appellant, Kate F. May, against .the appellees, J aclcson Folsom and wife and W. U. Aeree.
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. Bill in Equity for the Foreclosure of a Mortgage. Appeal from tlie Chancery Court of Dale. Tlie bill in tliis case was filed on February 19, 1895, by tlie appellant, Kate F. May, against .the appellees, J aclcson Folsom and wife and W. U. Aeree. The purpose of the bill was to reform and perfect the transfer to the complainant by the defendant, W. U. Aeree, of a certain mortgage made by the defendants, Jackson Folsom and wife, to said Aeree, and after perfecting such transfer to have said mortgage foreclosed. The bill averred that the transfer on the back of the mortgage in question was…
1Opinion of the CourtHaralson, J.
1. It was rather a departure from the ordinary practice in chancery, for the chancellor to make the reference he did to the register, in advance of any evidence taken in the cause. We must presume, in the absence of anything to show to the contrary, that this method of procedure was adopted by the consent, or at the request, of the parties, for the purpose of procuring the evidence for the final submission and determination of the cause. Thei*e was no decree in the case until after the register had taken the evidence and reported it and his findings on it, in accordance with the directions of…
2Cases cited2 opinions
- Dawson v. BurrusSupreme Court of Alabama · 1882
- Stickney v. MooreSupreme Court of Alabama · 1895
3Cited by4 opinions
- Blue v. First Nat. BankSupreme Court of Alabama · 1917
- Jones v. MooreSupreme Court of Alabama · 1924
- Folsom v. MaySupreme Court of Alabama · 1900
- Snead v. GrooverAlabama Court of Appeals · 1917