Kent & Barnett v. Marks & Gayle
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos . M. Arrington . The bill in this case was filed by the appellees, Marks & Gayle, against the appellants, Kent & Barnett, on November 7, 1891; and sought to have annulled and set aside the cancellation of a certain mortgage, given by respondents to the plaintiffs, and then to have the said mortgage foreclosed. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos . M. Arrington . The bill in this case was filed by the appellees, Marks & Gayle, against the appellants, Kent & Barnett, on November 7, 1891; and sought to have annulled and set aside the cancellation of a certain mortgage, given by respondents to the plaintiffs, and then to have the said mortgage foreclosed. The facts of the case are sufficiently stated in the opinion. Upon the final submission of the cause, on the pleadings and proof, the chancellor granted the relief prayed for. The defendants appeal, and…
1Opinion of the CourtHaralson, J.
The primary object of the bill in this case is the foreclosure of a mortgage given on real *352estate by appellants, who were defendants in the lower court, to appellees, the complainants there, to secure a note of the defendants to the complainants, for $508.88.
This note and mortgage were due and unpaid, on the 2d February, 1891. The defendants were also indebted to complainants, on that date, for a balance on open accounts, in the sum of $432.43. On that day, defendants paid to complainants the sum of $432.43, the amount due and owing by them on their open account; and one of the employés of…
2Cases cited1 opinion
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