Lehman, Durr & Co. v. Dozier
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery, Pleard before the Hon. John A. Foster. The original bill in this case was filed on the 25th March, 1876, by Andrew J. Dozier, against ThweattE.
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Appeal from the Chancery Court of Montgomery, Pleard before the Hon. John A. Foster. The original bill in this case was filed on the 25th March, 1876, by Andrew J. Dozier, against ThweattE. Mitchell, John W. Durr, and Lehman, Durr & Co.; and sought the correction of a mistake in the description of a tract of land, as contained in a mortgage executed by said Mitchell to Lehman, Durr & Co., and in the subsequent conveyances from Lehman, Durr & Co. to Durr, as the purchaser at a sale under the mortgage, and by said Durr to the complainant. An answer was tiled by Mitchell, admitting the alleged…
1Opinion of the CourtStone, C. J.
The original bill was filed in this cause by Dozier, against Thweatt E. Mitchell, and Lehman, Durr & Co. The object of the original bill was to correct the numbers in the description of land, bought by Dozier from Durr, of the firm of Lehman, Durr & Co. The averments of the bill are, that in 1870 Thweatt E. Mitchell and wife conveyed to Lehman, Durr & Co. the north half of section 18, township 17, range 19, in Elmore county, to secure the payment of a debt, and some future advances. The mortgage contained ■ a power of sale; and the debt not being paid, Lehman, Durr & Co. sold the land under…
2Cases cited9 opinions
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Humes v. BernsteinSupreme Court of Alabama · 1882
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Thielman v. CarrIllinois Supreme Court · 1874
- Davis v. CookSupreme Court of Alabama · 1880
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3Cited by4 opinions
- Maryland Casualty Co. v. HolmesSupreme Court of Alabama · 1935
- Abels v. Planters & Merchants Ins.Supreme Court of Alabama · 1890
- Flournoy v. HarperSupreme Court of Alabama · 1886
- Pollak v. WinterSupreme Court of Alabama · 1910