Zadek v. Burnett
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by Hattie Burnett and others, against S. Zadek and others, for an accounting and redemption, or the cancellation of certain mortgages. Decree for complainants and respondents appeal. Counsel discuss the errors assigned as to exceptions noted to the finding of the Register on the facts, but ivithout citation of authority.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by Hattie Burnett and others, against S. Zadek and others, for an accounting and redemption, or the cancellation of certain mortgages. Decree for complainants and respondents appeal. Counsel discuss the errors assigned as to exceptions noted to the finding of the Register on the facts, but ivithout citation of authority. They insist, however, that the demurrers should have been sustained to the bill because of multifariousness in the joining of parties complainant, and that the court erred in the rendition of the decree in…
1Opinion of the CourtSomerville, J.
The bill of complaint was filed by the appellees, who are the widow and minor children of one Jim Burnett, and its primary purpose was for an accounting to ascertain the residue of indebtedness, if any, due to the respondent from said Jim Burnett on an account covered and secured by several mortgages on lives stock and other property executed by him to respondent Zadek, who was an advancing merchant, with prayer for redemption, if any balance were due thereon, and for cancellation, if found to have' been satisfied." By amendment, the scope of the bill and prayer for relief were made to…
2Cases cited3 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Brock v. HeadenSupreme Court of Alabama · 1848
- Johnson Bros. v. SeldenSupreme Court of Alabama · 1903
3Cited by26 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Hunter-Benn Co. Company v. Bassett Lumber Co.Supreme Court of Alabama · 1932
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1922
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1922
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