Jackson v. Lucas
Supreme Court of Alabama
Appeal from Randolph Chancery Court. Heard before Hon. W: W. Whiteside. Bill by Nixon Lucus against J. W. Jackson and another to reform a mortgage. Motion was made to dismiss the bill for want of equity and demurrers were filed. From a decree overruling the demurrers and the motion to dismiss, defendants appeal.
Read the full summary
Appeal from Randolph Chancery Court. Heard before Hon. W: W. Whiteside. Bill by Nixon Lucus against J. W. Jackson and another to reform a mortgage. Motion was made to dismiss the bill for want of equity and demurrers were filed. From a decree overruling the demurrers and the motion to dismiss, defendants appeal. The mortgage foreclosed cannot be reformed. — Stevenson v. Harris, 131 Ala. 470; Duval v. McGlusky, 1 Ala. 728. No such privity existed between the complainant and the respondents as entitles them to maintain this bill.- — - 18 A. & E. Ency P. & P. 797; Tillis v. Smith, 108 Ala. 264;…
1Opinion of the CourtDenson, J.
— Stevens executed a mortgage to Schuessler & Co., on 80 acresc of land to secure a present indebtedness. The correct description of the land is S. 1/2 of N. E. % and S. y2 of N. W. 1/1 of section 2, in township 21, of range 10, in Randolph county; but the scrivener, in drawing the mortgage, described the lands as being in section 22, so that a mistake was made in the description of the land. After the law day in 1896, as the bill shows, Schuessler & Co., advertised and sold the lands under the mortgage, and became the purchasers at said sale. After the sale they rented the lands to Stevens…
2Cases cited4 opinions
- Tillis v. SmithSupreme Court of Alabama · 1895
- Blackburn v. RandolphSupreme Court of Arkansas · 1878
- Schwickerath v. CookseySupreme Court of Missouri · 1873
- Haley v. BagleySupreme Court of Missouri · 1866
3Cited by7 opinions
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Woodlawn Realty & Development Co. v. HawkinsSupreme Court of Alabama · 1914
- Bagley v. BagleySupreme Court of Alabama · 1921
- Bradham v. United StatesCourt of Appeals for the Tenth Circuit · 1948
- State Farm Mut. Automobile Ins. Co. v. BurwellSupreme Court of Alabama · 1936
2 more not listed; retrieve them via the Exa API.