Witherington & Co. v. Mason
Supreme Court of Alabama
Appeal from the Chancery Court of Conecuh. Heard, before the Hon. John A. Foster. The bill in this case was filed on tbe 17tb January, 1887, by the appellants, suing as partners, against Bobert J. Mason and his wife, Mrs. Mary H. Mason; and sought the reformation and foreclosure of a mortgage, which said Mason and wife had executed to them.
Read the full summary
Appeal from the Chancery Court of Conecuh. Heard, before the Hon. John A. Foster. The bill in this case was filed on tbe 17tb January, 1887, by the appellants, suing as partners, against Bobert J. Mason and his wife, Mrs. Mary H. Mason; and sought the reformation and foreclosure of a mortgage, which said Mason and wife had executed to them. The mortgage was dated January 5th, 1886, and purported to be given to secure a note for $175, given for advances to make a crop; conveyed a tract of land containing about one hundred acres, with the crop to be grown during the year 1886, and other…
1Opinion of the CourtClopton, J.
On January 5, 1886, appellees, who are husband and wife, executed a mortgage on real and personal property, to secure a note for one hundred and seventy-five dollars, made by the husband to appellants, payable on the first day of October of the same year. A portion of the personal property, and the real estate, which constituted the homestead of the mortgagor, was sold under a power of sale contained in the mortgage. On discovering a mistake in the description of one of the sub-divisions of the land, the sale was disregarded; and the bill is filled by appellants to reform the mortgage, and…
2Cases cited10 opinions
- Ely v. WilcoxWisconsin Supreme Court · 1866
- Seaman v. NolenSupreme Court of Alabama · 1880
- Brown v. CozardIllinois Supreme Court · 1873
- Vancleave v. WilsonSupreme Court of Alabama · 1882
- Gardner v. MooreSupreme Court of Alabama · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Winkles v. PowellSupreme Court of Alabama · 1911
- George v. ZinnWest Virginia Supreme Court · 1905
- Lewis v. LewisSupreme Court of Alabama · 1917
- People's Bank v. Barrow WigginsSupreme Court of Alabama · 1922
- Rankin v. TaylorSupreme Court of Iowa · 1927
8 more not listed; retrieve them via the Exa API.