Montgomery v. Perryman & Co.
Supreme Court of Alabama
Appeal from Jefferson Chancerry Court. Heard before Hon. A. H. Benners. This was a bill filed by the transferee of the mortgage in a mortgage executed by guardian for a non compos, and sought to reform the mortgage so as to make it convey the property intended thereby to be conveyed originally. The allegations of the bill and its purpose are sufficiently stated ■ in the opinion.
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Appeal from Jefferson Chancerry Court. Heard before Hon. A. H. Benners. This was a bill filed by the transferee of the mortgage in a mortgage executed by guardian for a non compos, and sought to reform the mortgage so as to make it convey the property intended thereby to be conveyed originally. The allegations of the bill and its purpose are sufficiently stated ■ in the opinion. The bill was filed against the guardian and the non compos, and demurrers were interposed to the bill by the guardian ad litem of the non compos, and are as follows: “There is no equity in said bill. Complainant is…
1Opinion of the CourtTyson, J.
The bill in this cause was filed to reform a mortgage executed by the guardian of a non compos mentis under the decree of the city court of Birmingham in equity. The decree authorized the guardian to borrow the sum of f300 to be used by the guardian in paying the taxes and other necessary .and proper expenses of his ward, and further authorizing him, if necessary, to secure the payment of such loan by the execution of a mortgage on such part of the ward’s estate as should be reasonable security for the payment of the note for the sum borrowed. The decree further provided that the cause in…
2Cases cited3 opinions
- Spotswood v. BentleySupreme Court of Alabama · 1902
- Stephenson v. HarrisSupreme Court of Alabama · 1901
- McEachin v. WarrenSupreme Court of Alabama · 1890
3Cited by7 opinions
- Wilson v. McKleroySupreme Court of Alabama · 1921
- Franklin Fire Ins. Co. v. HowardSupreme Court of Alabama · 1935
- Cross v. RudderSupreme Court of Alabama · 1979
- Dawson v. J. A. Lindsey & Co.Supreme Court of Alabama · 1931
- Denbo v. SherrillSupreme Court of Alabama · 1941
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