Farrow v. Sturdivant Bank
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court; Heard before Hon. B. B. Bridges, Special Judge. Action by C. A. Farrow against the Sturdivant Bank, for breach of contract to reconvey land. There was judgment for plaintiff, and on motion of defendant the judgment was set aside, from which order plaintiff appeals.
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Appeal from Tallapoosa Circuit Court; Heard before Hon. B. B. Bridges, Special Judge. Action by C. A. Farrow against the Sturdivant Bank, for breach of contract to reconvey land. There was judgment for plaintiff, and on motion of defendant the judgment was set aside, from which order plaintiff appeals. The pleas were a subsequent agreement between the parties to sell the land for as much over $2,500 as possible, the bank to retain $2,500 in payment of its debt, the balance to go to plaintiff, and that after repeated effort, the land could not be sold for inore than $2,500, and that defendant…
1Opinion of the CourtAnderson, J.
— The contract or agreement, for the breach of which this suit was brought, is an obligation by a mortgagee to reconvey certain real estate previously mortgaged to the defendant by the plaintiff. The plaintiff having executed to the defendant a deed to the property, in payment of the mortgage debt, after the law day of the mortgage, and for the evident purpose of avoiding a foreclosure sale of the property, and contemporaneous with said conveyance, the defendant executed the agreement involved, authorizing plaintiff to repurchase the property for the same amount expressed as the consideration…
2Cases cited8 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Alexander v. HillSupreme Court of Alabama · 1889
- Stoutz v. RouseSupreme Court of Alabama · 1887
- Goree v. ClementsSupreme Court of Alabama · 1891
- Ezzell v. WatsonSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Seybold v. Magnolia Land Co.Supreme Court of Alabama · 1979
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Malvaney v. YagerMontana Supreme Court · 1936
- Thompson v. SuttleSupreme Court of Alabama · 1943
- Dean v. GriffithSupreme Court of Alabama · 1952
5 more not listed; retrieve them via the Exa API.