Jackson v. Putman
Supreme Court of Alabama
Appeal from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson, Bill by Mattie Putman and others against Ludy M. Jackson and others to cancel a mortgage on the ground of payment, or to redeem if it should appear there was a balance. Prom a decree overruling demurrers to the bill, respondents appeal. A bill must contain a prayer for process. — Rule 17 Chancery Pr.; Story’s Eq.
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Appeal from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson, Bill by Mattie Putman and others against Ludy M. Jackson and others to cancel a mortgage on the ground of payment, or to redeem if it should appear there was a balance. Prom a decree overruling demurrers to the bill, respondents appeal. A bill must contain a prayer for process. — Rule 17 Chancery Pr.; Story’s Eq. PL, section 44; McDonald v. McMahan, 66 Ala: 155; McKenzie v. Baldridge, 49 Ala. 566. The bill did not sufficiently offer to do equity.— Blum v. Mitchell, 59 Ala. 538; A. L. M. F. Co. v. Pollard, 132 Ala. 155; s.…
1Opinion of the CourtSayre, J.
This bill was filed by Mattie Putman, who is the Avidow of W. R. Putman, deceased, for her*41self and Ms infant children; necessity for the appointment or presence of an administrator being obviated by appropriate averments. Its purpose is to have a mortgage which had been executed by Putman in his lifetime to Andrew Jackson, since deceased, canceled because it has been satisfied, or, if it should appear that there .remains a balance due thereon, to redeem. It shows that Lula M. Jackson is the AvidoAV of Andrew Jackson and the administratrix of his estate. She is made a party defendant as an…
2Cases cited8 opinions
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Clark v. ZeiglerSupreme Court of Alabama · 1885
- Preston v. DunnSupreme Court of Alabama · 1854
- American Freehold Land Mortgage Co. v. PollardSupreme Court of Alabama · 1902
- Perdue v. Brooks Bros.Supreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- Humphrey v. HumphreySupreme Court of Alabama · 1950
- Bell v. BellArizona Supreme Court · 1934
- Hamilton v. TolleySupreme Court of Alabama · 1923
- Martin v. BainesSupreme Court of Alabama · 1928
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