Perdue v. Bell
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. S. X. McSpadden. The bill in this case was filed on the 6th April, 1886, by George Perdue, against Newton J. Bell; and sought to have a conveyance, which was absolute on its face, declared a mortgage, and for an account and redemption.
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. S. X. McSpadden. The bill in this case was filed on the 6th April, 1886, by George Perdue, against Newton J. Bell; and sought to have a conveyance, which was absolute on its face, declared a mortgage, and for an account and redemption. On final hearing, on pleadings and proof, the chancellor dismissed the bill; and his decree is now assigned as error. cited Eiland v. Radford, 7 Ala. 724; Turnipseed v. Cunningham, 16 Ala. 501; Loche v. Palmer, 26 Ala. 312; Crews v. Thread-gill, 35 Ala. 334; Wells v. Morroio, 38 Ala. 125; McNeill…
1Opinion of the CourtClopton, J.
The bill, which is filed by appellant, alleges that the deed executed by Mm to appellee, February 17, 1883, was intended and received solely as a security or mortgage for the payment of three hundred dollars, with twenty per-centum interest thereon; and seeks to have the amount due ascertained, an account of the rents taken, and that complainant be allowed to redeem the land in controversy. The bill further alleges, that the debt originated in transactions commencing in 1878, and continuing to the time of making the deed, which consisted of purchases of goods and merchandise from the…
2Cited by11 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Knaus v. DreherSupreme Court of Alabama · 1887
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Rodgers v. BurtSupreme Court of Alabama · 1908
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