Mayer Bros. v. Gewin
Supreme Court of Alabama
Appeal from Law and Equity Court, 1-Iale County; Charles W. Waller, Judge. Bill to foreclose a mortgage by Mayer Bros, against M. A. Gewin and another. From decree dismissing the bill, complainants appeal. The hill in this case was filed to foreclose a mortgage, and the defense was payment. The mortgage was executed by M. A. Gewin and husband, A. B. Gewin, to Mayer Bros, on March 22, 1910, and due November 5, 1910, in the sum of $1,500, as security for advances.
Read the full summary
Appeal from Law and Equity Court, 1-Iale County; Charles W. Waller, Judge. Bill to foreclose a mortgage by Mayer Bros, against M. A. Gewin and another. From decree dismissing the bill, complainants appeal. The hill in this case was filed to foreclose a mortgage, and the defense was payment. The mortgage was executed by M. A. Gewin and husband, A. B. Gewin, to Mayer Bros, on March 22, 1910, and due November 5, 1910, in the sum of $1,500, as security for advances. The defense is based upon two theories, one of fact, viz. that certain credits claimed had not been applied, and the other of law,…
1Opinion of the CourtGardner, J.
Appellee, Mrs. M. A. Gewin, had a running account with Mayer Bros., appellants, beginning in the year 1908. Op March 22, 1910, she and her husband executed the mortgage here in question for the purpose of securing advances — the mortgage and note being in the sum of $1,500. Mrs. Gewin, who will hereafter be referred to as the respondent, continued to trade at the mercantile establishment of the appellants, receiving goods, and making payment therefor from time to time, on account. At the time of the execution of the mortgage she was due the firm of Mayer Bros, on said account the sum of…
2Cases cited7 opinions
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Harrison & Robinson v. JohnstonSupreme Court of Alabama · 1855
- Montgomery Bank & Trust Co. v. JacksonSupreme Court of Alabama · 1914
- Stickney v. MooreSupreme Court of Alabama · 1895
- McCurdy v. MiddletonSupreme Court of Alabama · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Redd Bros. v. ToddSupreme Court of Alabama · 1922
- Harold P. Knight, as Assignee of National Bank of Commerce v. Edward C. Wirotzious, Ddfendant-AppellantCourt of Appeals for the Fifth Circuit · 1974
- McCord v. BridgesSupreme Court of Alabama · 1923
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1949
1 more not listed; retrieve them via the Exa API.