Fair v. Cummings
Supreme Court of Alabama
Appeal from Morsan Law and Ecraity Court. Heard before Hon. Thomas W. Wert. Bill by Etta B. Fair against W. S. Cummings for the cancellation of a mortgage From a decree overruling a motion for dissolution of an injunction granted to the defendant, plaintiff appeals.
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Appeal from Morsan Law and Ecraity Court. Heard before Hon. Thomas W. Wert. Bill by Etta B. Fair against W. S. Cummings for the cancellation of a mortgage From a decree overruling a motion for dissolution of an injunction granted to the defendant, plaintiff appeals. Appellants filed a bill in this cause against the appellee seeking the cancellation of a certain mortgage executed to the respondent, on certain real estate situated in Decatur, Ala., with a prayer also for general relief. The bill sets up, among other things that the mortgage was without consideration and that its execution was…
1Opinion of the Court
ON THE MOTION.
GARDNER, J.
Motion is made by counsel for appellee to dismiss this appeal, upon the ground that, after the rendition of the decree overruling the motion to dismiss the temporary injunction, the complainants proceeded with the examination of witnesses upon the merits of the case. It is insisted that this was a waiver of the right to review by appeal the said decree.(1) The original bill attacked the validity of the mortgage, for want of consideration, duress, etc. The injunction sought by the cross-complainant was merely an incident to the main cause, and the decree overruling the…
2Cited by23 opinions
- Hunter-Benn Co. Company v. Bassett Lumber Co.Supreme Court of Alabama · 1932
- Ezzell v. First Nat. Bank of RussellvilleSupreme Court of Alabama · 1928
- Brown v. BellSupreme Court of Alabama · 1921
- Woodstock Operating Corporation v. QuinnSupreme Court of Alabama · 1918
- MacKe v. ScacciaSupreme Court of Alabama · 1931
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