Skains v. Barnes
Supreme Court of Alabama
Appeal from Crenshaw Chancery Court. Heard before Hon. L. D. Gardner. Bill by Amos Skains against J. M. Barnes originally filed for specific performance and afterwards amended by setting up that the same transaction was a mortgage and praying a redemption therefrom. Prom a decree sustaining a demurrer to the bill complainants appeal.
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Appeal from Crenshaw Chancery Court. Heard before Hon. L. D. Gardner. Bill by Amos Skains against J. M. Barnes originally filed for specific performance and afterwards amended by setting up that the same transaction was a mortgage and praying a redemption therefrom. Prom a decree sustaining a demurrer to the bill complainants appeal. In sustaining the demurrer the chancellor overlooked the nature of the bill, and the recent statute.— Sec. 3095, Code 1907. The right to redeem where the mortgagor has conveyed to the mortgagee the equity of redemption is well settled. — Villa v. Rodriguez, 12…
1Opinion of the CourtMcCLELLAN, J.
The original bill sought the specific performance of a contract; but by amendment alternative relief was sought on the theory that the same transaction was of mortgage and in this aspect redemption was prayed for. The original bill was filed before the Code of 1907 (section 3095 as amended) went into effect. The amendment indicated was made after the cited statute became effective. That statute, as amended, reads: “Unless taken by demurrer, objection to a bill for multifariousness must not be entertained. A bill is not multifarious which seeks alternative or inconsistent relief growing out of…
2Cases cited6 opinions
- Youngblood v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1901
- Western Ry. v. HartSupreme Court of Alabama · 1909
- Haywood v. SeeberSupreme Court of Iowa · 1883
- Baier v. HumpallNebraska Supreme Court · 1884
- Yarger v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Grand International Brotherhood of Locomotive Engineers v. GreenSupreme Court of Alabama · 1923
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Kant v. Atlanta, Birmingham & Atlantic R. R.Supreme Court of Alabama · 1914
- Grant v. NationsSupreme Court of Alabama · 1911
- Wilkinson v. WrightSupreme Court of Alabama · 1933
5 more not listed; retrieve them via the Exa API.