Scott v. Land, Mortgage, Investment & Agency Co., Ltd. of America
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes, Heard before the Hon. Wm. L. Parks. The bill in this case was filed by the appellee on November 2, 1899, against Brown Scott, Liddy Scott, George E. Gordan and Benjamin Graham.
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Appeal from the Chancery Court of Lowndes, Heard before the Hon. Wm. L. Parks. The bill in this case was filed by the appellee on November 2, 1899, against Brown Scott, Liddy Scott, George E. Gordan and Benjamin Graham. The. facts ■averred in the bill may be summarized, as follows-: Prior to December 28, 1891, Brown Scott, one of the appellants, applied to the Loan .Company of Alabama to negotiate a- loan for him on certain lands in Lowndes county, and said Loan Company procured the complainant to agree to loan |320 to the said Brown Scott on said lands. That on December 28, 1891, the said…
1Opinion of the CourtHaralson, J.
The case here presented is, that Brown Scott, the defendant, applied to the plaintiff cómpany'to borrow $320, and proposed to execute his notes and mortgage on the lands in the bill mentioned, to secure them, which loan was perfected after the preliminary examination of the lands and their title had been made. It is shown, that at the time of this application, there existed a debt of $320 by Scott to one Simpson Goodwin, from whom he 'bought the lands, which debt was evidenced by Scott’s notes to Goodwin, which notes recited a vendor’s lien on the land as security for their payment. The bill…
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