Bell v. Bell
Supreme Court of Alabama
Appeal from Lowndes Chancery Court. Heard before Hon. L. D. Gardner. Bill by N. J. Bell against M. E. Bell and others, to foreclose a mortgage, with cross bill by respondents seeking affirmative relief. From a decree for complainants, respondents appeal. The controlling question in this case is whether or not the mortgage sought to be foreclosed should be given effect as a purchase money mortgage.
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Appeal from Lowndes Chancery Court. Heard before Hon. L. D. Gardner. Bill by N. J. Bell against M. E. Bell and others, to foreclose a mortgage, with cross bill by respondents seeking affirmative relief. From a decree for complainants, respondents appeal. The controlling question in this case is whether or not the mortgage sought to be foreclosed should be given effect as a purchase money mortgage. If so, the claim of homestead and dower set up in respondent’s answer and cross bill would not prevail against it. — Moses Bros. v. Home Co., 100 Ala. 464; Sec. 4162, Code 1907. It is, therefore, of…
1Opinion of the CourtSimpson, J.
The bill, in this case, was filed by the appellee for the foreclosure of a mortgage for $5,000, purporting to be signed by W. H. Bell and his wife, M. JE. Bell, upon which there appears a general acknowl*450edgment, but no separate acknowledgment, by the wife. Said mortgage is dated October 1, 1894, and the complainant produces a deed by him to said W. H. Bell for the same amount, dated September 29, 1894, claiming that said mortgage was given for the purchase money of said land. The deed is a quitclaim.
The defense set up by the answer and cross-bill is that said M. E. Bell has never released or…
2Cases cited11 opinions
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Bolman v. LohmanSupreme Court of Alabama · 1883
- Tyler v. JewettSupreme Court of Alabama · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Milam v. MilamTennessee Supreme Court · 1917
- Alford v. LeonardSupreme Court of Florida · 1925
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
- Ingram v. JonesCourt of Appeals for the Tenth Circuit · 1931
16 more not listed; retrieve them via the Exa API.