Fields v. Helms
Supreme Court of Alabama
Appeal from the Chancery Court of Blount. Heard before the lion. Tiros. Cobbs. The original bill in this case was filed on the 24th May, 1880, by Bales Helms, against A. E. Fields and Lemuel Bentley, and sought equitable relief against two mortgages ; one of which was executed by the complainant to said Bentley, and the other to said Fields.
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Appeal from the Chancery Court of Blount. Heard before the lion. Tiros. Cobbs. The original bill in this case was filed on the 24th May, 1880, by Bales Helms, against A. E. Fields and Lemuel Bentley, and sought equitable relief against two mortgages ; one of which was executed by the complainant to said Bentley, and the other to said Fields. The mortgage to Bentley was executed on the 5th December, 1873, to secure several promissory notes given for the purchase-money of a tract of land; and this mortgage, with the secured notes, after several partial payments had been made, was transferred by…
1Opinion of the CourtBbickell, C. J.
The precise point of the motion to dismiss the bill for want of equity is, that it avers payment in full of the mortgage debt, and yet avers that, if in the fact of full payment the complainant should be mistaken, he is ready and willing to make, and offers payment of any balance of the debt which may be found unpaid; and in either aspect relief is prayed. A bill, with such alternative, inconsistent averments and prayers, it is argued, can not be maintained. The general rule of equity pleading is, that if a complainant is not certain of his title to the specific relief he wishes to pray for,…
2Cases cited2 opinions
- Micou v. AshurstSupreme Court of Alabama · 1876
- Beach v. . CookeNew York Court of Appeals · 1863
3Cited by4 opinions
- Whitley & Trimble v. Dumham Lumber Co.Supreme Court of Alabama · 1889
- Brue v. VaughnSupreme Court of Alabama · 1941
- Fields v. HelmsSupreme Court of Alabama · 1886
- Walker v. CloseSupreme Court of Florida · 1929