Parker v. Olliver
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The material facts of this case are sufficiently stated in the opinion. The defendant filed five pleas, in which he set- up facts which he alleged were sufficient to bar the right of complainant to relief.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The material facts of this case are sufficiently stated in the opinion. The defendant filed five pleas, in which he set- up facts which he alleged were sufficient to bar the right of complainant to relief. By the 5th plea the defendant set up the fact that if there had been a breach in any of the covenants set forth in the bill of complaint, authorizing a foreclosure of the mortgage therein described , said breach had been waived by the complainant writing two letters to the defendant asking for the payment…
1Opinion of the CourtMcCLELLAN, J.
— This bill is filed by Olliver against Parker et al. to foreclose a mortgage executed by the latter to the Lombard Investment Company, and covering certain lands situated in the county of Montgomery, to secure a loan of money evidenced by a promisory note, and which mortgage and note were assigned to and are now the property of the complainant. The main question in the case as now presented is whether the bill was prematurely filed ; and that question rises upon the following facts stated in the bill and in certain pleas filed by the respondents : Said note and mortgage were executed October…
2Cases cited1 opinion
- Chambers v. MarksSupreme Court of Alabama · 1890
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