Kirkland v. Arnold
Supreme Court of Alabama
Appeal from Henry Chancery Court. Heard before Hon. L. D. Gardner. Bill by M. W. Kirkland against J. F. Arnold to restrain the collection of a mortgage and cancel same. From a decree denying complainant’s relief he appeals.
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Appeal from Henry Chancery Court. Heard before Hon. L. D. Gardner. Bill by M. W. Kirkland against J. F. Arnold to restrain the collection of a mortgage and cancel same. From a decree denying complainant’s relief he appeals. The appellant insist that he is entitled to a credit for the amount of the insurance loss which was collected in full, the same having been made payáble to the mortgagee as his interest may appear, and that at least $400 of the fund inured absolutely to the benefit of appellee. — Capital City I. Co. v. Jones, 128 Ala. 361. The Chancellor erred in allowing the attorney’s…
1Opinion of the CourtSomerville, J.
Appellant filed his bill of complaint to restrain appellee from proceeding to foreclose a certain mortgage executed to him by appellant, alleging usury, and showing that he had previously tendered to respond the sum of $425 in satisfaction of the mortgage debt, which he brought into court with his complaint. This amount, the bill alleges, was sufficient to discharge the entire balance of the debt, including the expenses of executing and recording the mortgage, and any reasonable attorney’s fees for services rendered in foreclosing same or collecting the debt secured thereby. The prayer is…
2Cases cited2 opinions
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Capital City Insurance v. JonesSupreme Court of Alabama · 1900
3Cited by3 opinions
- In re McElmurrayDistrict Court, E.D. South Carolina · 1942
- Hawk v. MooreSupreme Court of Alabama · 1959
- Wattenbarger v. TullockTennessee Supreme Court · 1955