Ladd v. Lookout Mountain Distilling Co.
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. The bill was filed by V. D. Ladd to enjoin the foreclosure of a mortgage executed to one Sliamotulski, and by him transferred to the Lookout Mountain Distilling Company. The allegations are that the mortgage is fully paid; and if not paid, a reference is asked to ascertain the amount due.
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Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. The bill was filed by V. D. Ladd to enjoin the foreclosure of a mortgage executed to one Sliamotulski, and by him transferred to the Lookout Mountain Distilling Company. The allegations are that the mortgage is fully paid; and if not paid, a reference is asked to ascertain the amount due. The respondents filed a cross bill denying payment and asking- that the mortgage he foreclosed by a decree and order of the chancery court. The facts are sufficiently stated in the opinion of the court. From a decree dismissing the original…
1Opinion of the CourtWeakley, C. J.
The bill was filed by V. D. Ladd to enjoin the foreclosure of a mortgage executed by him to John Shamotulski, and to have that instrument canceled, upon the allegation that it had been fully paid. The chancellor, finding upon the facts that there was a balance due upon the mortgage, dismissed the original bill, and decreed a foreclosure under the cross-bill, and ordered a reference to the register to ascertain the amount of the indebtedness for which he held the mortgage to be security. Although the mortgage, dated’ March 15,1900, recites that it was given in consideration of the mortgagor’s…
2Cases cited2 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Hendon v. MorrisSupreme Court of Alabama · 1895