Bowdoin v. T. S. Faulk Co.
Supreme Court of Alabama
Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Bill by S. B. Bowdoin and Ms wife, N. B. Bowdoin, againsf T. S. Faulk & Co. and the People’s Bank of Samson, for an accounting, > purging of usury certain mortgages, and to enjoin foreclosure. From the decree rendered, complainants appeal, and respondents file a cross-appeal.
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Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Bill by S. B. Bowdoin and Ms wife, N. B. Bowdoin, againsf T. S. Faulk & Co. and the People’s Bank of Samson, for an accounting, > purging of usury certain mortgages, and to enjoin foreclosure. From the decree rendered, complainants appeal, and respondents file a cross-appeal. The bill was filed primarily to enjom foreclosure, and for an accounting and to redeem certain lands and personal property mortgaged to T. S. Faulk & Co. and to the People’s Bank of Samson. By amendment certain stock in the Farmers’ Union Warehouse was…
1Opinion of the CourtAndeeson, C. J.
[1] This bill was filed to enforce an equity of redemption as to certain property previously mortgaged by the husband S. B. Bowdoin, wherein these complainants set up usury in the mortgage debt, seek an accounting, etc. While the bill is by S. B. Bowdoin and his wife, N. B. Bowdoin, as joint complainants, it shows upon its face that previous to the filing of the same S. B. Bowdoin had conveyed all Ms right, title, or interest in and to the mortgage property to his wife, N. B. 'Bowdoin. Therefore S. B. Bowdoin has no right to maintain the bill for redemption. It is a well-established…
2Cases cited2 opinions
- Stickney v. MooreSupreme Court of Alabama · 1895
- Cardwell v. Virginia State Ins.Supreme Court of Alabama · 1914
3Cited by3 opinions
- McDuffie v. FaulkSupreme Court of Alabama · 1926
- Cain v. BurgerSupreme Court of Alabama · 1929
- Rumage v. Dry Dock Savings BankSupreme Court of Alabama · 1965