Fields v. Killion
Supreme Court of Alabama
Appeal, from the Chancery Court of Blount. Heard, before the Hon. John 0. Carmichael. The bill in this case was filed by the appellee against the appellant. The facts of the case are sufficiently stated in the opinion. To the bill as filed the defendant demurred, assigning various grounds, directed to the want of equity in the bill. This demurrer was overruled.
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Appeal, from the Chancery Court of Blount. Heard, before the Hon. John 0. Carmichael. The bill in this case was filed by the appellee against the appellant. The facts of the case are sufficiently stated in the opinion. To the bill as filed the defendant demurred, assigning various grounds, directed to the want of equity in the bill. This demurrer was overruled. The bill was not thereafter amended, but the defendant, without leave of the court, incorporated in his answer demurrers to the original bill upon substantially tlie same grounds as those of the demurrer previously interposed and which…
1Opinion of the CourtI-Iabalhon, J.
The case made by the bill-is, that defendant, Fields, on the 28th September, 1896, sold the land in controversy, with other lands, to.Huddleston and Carr, jointly, and they gave their joint mortgage to defendant, to secure the payment ’of the purchase money. Thereafter, Huddleston and Carr partitioned the land between them, each going into the possession of his allotted share. In November, 1897, the '.complainant desired and proposed to purchase from Carr his share of the land. Carr informed him, that, defendant held a joint mortgage on the entire tract from, Huddleston and himself, for the…
2Cases cited6 opinions
- Schroeder v. YoungSupreme Court of the United States · 1896
- McCravey v. RemsonSupreme Court of Alabama · 1851
- Hendricks v. KellySupreme Court of Alabama · 1879
- Nelson v. KellySupreme Court of Alabama · 1890
- Wolf v. MaddenSupreme Court of Iowa · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Burleson v. MaysSupreme Court of Alabama · 1914
- Alcaide v. MoralesSupreme Court of Puerto Rico · 1920
- Michie v. BradshawSupreme Court of Alabama · 1933
- First Nat. Bank of Mobile v. BurchSupreme Court of Alabama · 1939
- Boone v. ByrdSupreme Court of Alabama · 1918
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