Winkleman v. White
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. W. W. Wilkerson. This was a bill filed by Maggie C. Winkleman against Prank S. White and others for review of a decree, the facts of which sufficiently appear in the opinion of the court.
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Appeal from Birmingham City Court. Heard before Hon. W. W. Wilkerson. This was a bill filed by Maggie C. Winkleman against Prank S. White and others for review of a decree, the facts of which sufficiently appear in the opinion of the court. The court erred in sustaining the demurrers on the following grounds: 1st. The decree sought to be reviewed was rendered upon a bill alleging inconsistent repugnant claims for relief and no decree pro confesso nor final decree could be rendered. — City of Eufaula v. McNab, 67 Ala. 588; Heinz'v. White, 1Ó5 Ala. 670-; Moog v. Talcot, 72 Ala. 210; Micon v.…
1Opinion of the CourtTyson, J.
This is a case of a bill of review filed by appellant in the city court of Birmingham to- which a demurrer was sustained, and the appeal is to reverse the decree dismissing the bill.
The bill in the original suit was filed by F. S. White, in a double aspect, to foreclose a mortgage and enforce *485a vendor’s lien, against the. appellant and others. It was alleged that White held a mortgage on the land in question, made by one Fitts for about the sum of $2,500; that Fitts sold the land to appellant for a consideration of $40,000 which was paid, except as to $15,000, and that to secure this six…
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