Douglass v. Moody
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. Heard before Hon. Thomas Cobbs. This was a bill filed by Leroy E. Douglass against Frank S. Moody and Bernhard Friedman, and sought to have declared a mortgage, a deed absolute in its terms, which the complainant and his wife had previously executed to the defendants; and was commenced on 31st May, 18S1. The complainant alleges that in June, 1880, he borrowed from the defendants five hundred dollars, two hundred and fifty dollars…
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Appeal from the Chancery Court of Tuskaloosa. Heard before Hon. Thomas Cobbs. This was a bill filed by Leroy E. Douglass against Frank S. Moody and Bernhard Friedman, and sought to have declared a mortgage, a deed absolute in its terms, which the complainant and his wife had previously executed to the defendants; and was commenced on 31st May, 18S1. The complainant alleges that in June, 1880, he borrowed from the defendants five hundred dollars, two hundred and fifty dollars from each; and to secure its repayment within the stipulated time, he conveyed to them by deed his interest in certain…
1Opinion of the CourtClopton, J.
The bill alleges that the conveyance to the one-half interest in the lands, mentioned therein, executed by complainant to the defendants, though absolute in form, was intended as security for the payment of money, borrowed by him from them, which he agreed to pay, with the bonus, by September 25, 1880. The answers of the defendants deny any loan of money, or such agreement; but aver that the understanding was, that complainant should have the right to repurchase on payment of the stipulated amount within the time specified. Therefore, it is an admitted fact in the case, that the transaction…
2Cases cited7 opinions
- West v. HendrixSupreme Court of Alabama · 1856
- Turner v. WilkinsonSupreme Court of Alabama · 1882
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- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
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3Cited by30 opinions
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