Richter v. Noll
Supreme Court of Alabama
Appeae from tbe Chancery Court of Cullman. Heard befoi e tbe Hon. WÍeliam XI. Simpson. This was a bill in equity, and sought to have a deed absolute on its face declared a mortgage, and to redeem.
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Appeae from tbe Chancery Court of Cullman. Heard befoi e tbe Hon. WÍeliam XI. Simpson. This was a bill in equity, and sought to have a deed absolute on its face declared a mortgage, and to redeem. It alleged that the property conveyed, consisting of both real and personal property, was worth about $800.00, and ¡that the recited consideration. was $100.00. It further alleged that the same was intended only as a mortgage, and was executed to secure the grantee as surety upon a bail bond for the grantor; that yei-y little if any indebtedness wa© created or became due the grantee. The other facts…
1Opinion of the CourtTyson, J.
The hill in this case was filed to have a 'Certain deed executed by the complainants’ father to the respondent declared a mortgage and to redeem the property conveyed by it. It is Avell settled in this State that a court of equity has jurisdiction to entertain such a hill and to grant the relief sought. To this end parol evidence is admissible to conA'ert an instrument appearing on its face to be an absolute conveyance of either real or personal property, into a mortgage, by proof that the parties intended it to operate only as security for a debt. The ground on which a court of equity…
2Cases cited5 opinions
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Knaus v. DreherSupreme Court of Alabama · 1887
- Byrd v. McDanielSupreme Court of Alabama · 1858
- McCoy v. GentrySupreme Court of Alabama · 1882
- Tennessee Coal, Iron & Railroad v. WheelerSupreme Court of Alabama · 1899
3Cited by20 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Woods v. SandersSupreme Court of Alabama · 1946
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Richardson v. CurleeSupreme Court of Alabama · 1934
- Bank of Columbia v. McElroySupreme Court of Alabama · 1935
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