Caldwell v. Caldwell
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by Geo. B. Caldwell and others against D. K. Caldwell and others to apportion a mortgage debt as to several parcels of land and for redemption. From a decree overruling demurreris to the bill respondents appeal.
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Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by Geo. B. Caldwell and others against D. K. Caldwell and others to apportion a mortgage debt as to several parcels of land and for redemption. From a decree overruling demurreris to the bill respondents appeal. The case made by the bill is substantially as follows r The bill avers that complainants and defendants, D. K. and S. Alema Caldwell, were the only heirs at law of one Hamlin Caldwell, who died September 3, 1895,-seised of the real estate described in the bill, which was subject to two mortgages to J. E-.…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellees against the appellants. The material parts of the bill are that the complainants and the respondent, D. K. Caldwell were owners of the lands described in the bill, which lands had been partitioned among them, subject, however, to an outstanding mortgage on the same, which was held by A. H. Moody, one of the respondents; that said mortgage was foreclosed by decree of court, and at the sale under said decree said Moody became the purchaser for the amount of the mortgage debt; that a few days thereafter said Moody conveyed said land to said D. K.…
2Cases cited8 opinions
- Roberts v. ThornTexas Supreme Court · 1860
- Donnor v. QuartermasSupreme Court of Alabama · 1890
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Jones v. MatkinSupreme Court of Alabama · 1897
- Bailey's Adm'r v. CampbellSupreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Smith v. SmithSupreme Court of Alabama · 1957
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- Sullivan v. ParkerSupreme Court of Alabama · 1934
- Coleman v. ColemanSupreme Court of Alabama · 1911
7 more not listed; retrieve them via the Exa API.