Durr v. Hanover National Bank
Supreme Court of Alabama
Bill to Foreclose Mortgage. Appeal from Slielby Chancery Court. Heard before Hon. R. B. Kelly. Action by the Hanover National Bank and others against John Durr and others. From a decree in favor of complainants, respondents appeal.
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Bill to Foreclose Mortgage. Appeal from Slielby Chancery Court. Heard before Hon. R. B. Kelly. Action by the Hanover National Bank and others against John Durr and others. From a decree in favor of complainants, respondents appeal. It is alleged in the bill that Durr executed certain notes, to secure which he gave a. mortgage, and that he made divers payments on said notes, and executed other notes in extension of said indebtedness; and the bill seeks to fasten these notes to the mortgage executed to secure the previous notes, and to> foreclose the same. Prior to the filing of this bill, an…
1Opinion of the Court
DOWDELL, J. —
The .appeal in this case is prosecuted from the final decree of the chancery court rendered on September 13, 1901. At the time of the submission of the cause for final decree, no' answer had been filed to the bill by either of the respondents, nor had decrees pro confesso been taken for want of answer. On this state of the case, clearly the cause ivas not at issue, and the submission for final decree was premature.
It is insisted by counsel for appellees that the agreement made by the respondent John W. Durr on August 9, 1901, and which constituted a part of complainants’ note of…
2Cases cited2 opinions
- Talladega Insurance v. WoodwardSupreme Court of Alabama · 1870
- Norwood v. RiddleSupreme Court of Alabama · 1840
3Cited by9 opinions
- Thomas v. BarnesSupreme Court of Alabama · 1929
- Atkins v. AtkinsSupreme Court of Alabama · 1949
- Pearce v. KennedySupreme Court of Alabama · 1936
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- State ex rel. Phillips v. BennersSupreme Court of Alabama · 1911
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