Fouche v. Swain
Supreme Court of Alabama
Appeal from Talladega Chancery Court. Heard before Hon. N. S. Graham. This was a bill in equity exhibited on 9th November, 1881, by Kobert T. Fouche against Ebenezer J. Swain and others, its allegations presenting substantially the following case: Prior to the 14th day of January, 1869, the respondent, Swain, had purchased various tracts or parcels of land in said county with moneys belonging to the statutory separate estate of his wife, Margaret W. Swain, taking the titles…
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Appeal from Talladega Chancery Court. Heard before Hon. N. S. Graham. This was a bill in equity exhibited on 9th November, 1881, by Kobert T. Fouche against Ebenezer J. Swain and others, its allegations presenting substantially the following case: Prior to the 14th day of January, 1869, the respondent, Swain, had purchased various tracts or parcels of land in said county with moneys belonging to the statutory separate estate of his wife, Margaret W. Swain, taking the titles in his own name. On said 14th 'January, 1869, the entire realty thus acquired was sold and conveyed by Swain and his…
1Opinion of the CourtSomerville, J.
The interest which the complainant claims to the lands in controversy is derived through a junior mortgage executed on May 12, 1869, by one Prior to one Cothran, as trustee, of the debt secured by which the complainant is the transferree.
In whatever aspect we regard the bill — whether as one brought by a junior mortgagee to redeem, or to sweep away other incumbrances claimed to be invalid, and to foreclose the complainant’s mortgage — it is equally lacking in equity.
If the purpose be redemption, this is a recognition of the *153validity of the prior mortgage, and it would be necessary to offer in…
2Cases cited3 opinions
- Cramer v. WatsonSupreme Court of Alabama · 1882
- Mims v. MimsSupreme Court of Alabama · 1859
- Holden v. Rison & Co.Supreme Court of Alabama · 1884
3Cited by19 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- First Avenue Coal & Lumber Co. v. KingSupreme Court of Alabama · 1915
- Shields v. HightowerSupreme Court of Alabama · 1926
- Woodruff v. SatterfieldSupreme Court of Alabama · 1917
- Seibold v. RogersSupreme Court of Alabama · 1895
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