Seeberg v. Norville
Supreme Court of Alabama
Appeal .from Circuit Court, Mobile County; Claud A: Grayson, Judge. Bill by Rolf Seeberg against Peyton Nor-ville and others to set aside a mortgage executed by Norville to Mrs. Kelly, to require a reconveyance by Norville to Seeberg, and to hold them, both as trustees. From a decree sustaining demurrers to the bill, complainant appeals.
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Appeal .from Circuit Court, Mobile County; Claud A: Grayson, Judge. Bill by Rolf Seeberg against Peyton Nor-ville and others to set aside a mortgage executed by Norville to Mrs. Kelly, to require a reconveyance by Norville to Seeberg, and to hold them, both as trustees. From a decree sustaining demurrers to the bill, complainant appeals. Whatever form instruments may take, they are mortgages, if mutually intended to secure debt. 78 Ala. 351; 85 Ala. 80, 4 South. 745; 100 Ala. 326, 13 South. 948, 46 Am. St. Rep. 56; 159 Ala. 227, 49 South. 243; 101 U. S. 317, 25 L. Ed. 999. The power of…
1Opinion of the CourtBrown, J.
This is the second appeal in this case; this appeal, like the former, being from an interlocutory decree of the circuit court sustaining demurrers to the bill. On the former appeal it was held, in the absence of averments showing fraud on the part of Mitchell, participated in by the respondent Norville, the bill was without equity; but it appearing that the bill might be so amended as to give it equity, while the decree sustaining the demurrers was affirmed, the time granted by the decree for amending the bill was extended for 30 days. Seeberg v. Norville et al., 202 Ala. 417, 80 South. 621.
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2Cases cited24 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Fenno v. SayreSupreme Court of Alabama · 1842
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- McDuffie v. Lynchburg Shoe Co.Supreme Court of Alabama · 1912
19 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Cobbs v. NorvilleSupreme Court of Alabama · 1933
- King v. PorterSupreme Court of Alabama · 1935
- Gloria L. Schrader v. Prudential Insurance Company of AmericaCourt of Appeals for the Fifth Circuit · 1960
22 more not listed; retrieve them via the Exa API.