Glass v. Hieronymus Bros.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. H. Smith. The bill in this case was filed by the appellees, Hieronymus Bros., against the appellant, Adam Glass, E. Turner, H. Turner and T, Turner, to have a certain instrument which was, on its face, an absolute deed, declared a mortgage. The bill as originally filed and as amended was demurred to, and the demurrers were sustained by the chancellor.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. H. Smith. The bill in this case was filed by the appellees, Hieronymus Bros., against the appellant, Adam Glass, E. Turner, H. Turner and T, Turner, to have a certain instrument which was, on its face, an absolute deed, declared a mortgage. The bill as originally filed and as amended was demurred to, and the demurrers were sustained by the chancellor. An appeal was taken from this decree to the Supreme Court. Said decree was reversed and the cause was remanded. (120 Ala. 46). Upon the remandment of the cause the same…
1Opinion of the CourtSharpe, J.
Stated generally the grounds for relief alleged in the bill are substantially, that the complainants being indebted for lands they applied to the appellant for a loan wherewith to pay the debt and that he agreed to and did lend.them money for that purpose; that as part of the same transaction it was agreed that complainants to secure the loan should transfer to appellant their contractual interest in the lands and should cause their vendor to convey the title to appellant by a *145deed to be absolute in form but which was to stand and be considered only as a mortgage securing the loan; and that…
2Cases cited10 opinions
- Locke's v. PalmerSupreme Court of Alabama · 1855
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Douglass v. MoodySupreme Court of Alabama · 1885
- Peagler v. StablerSupreme Court of Alabama · 1890
- Crews v. ThreadgillSupreme Court of Alabama · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Corley v. VizardSupreme Court of Alabama · 1919
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Murray v. Butte-Monitor Tunnel Mining Co.Montana Supreme Court · 1910
7 more not listed; retrieve them via the Exa API.