Crawford v. Chattanooga Savings Bank
Supreme Court of Alabama
Appeal from Chancery Court, Morgan County; James E. Horton, Jr., Judge. Bill by tlie Chattanooga Savings Bank against JSaxter Crawford, and others to reform a mortgage, to ascertain tbe amount due on a note, and to foreclose. From a decree overruling demurrers to tbe bill, respondents appeal.
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Appeal from Chancery Court, Morgan County; James E. Horton, Jr., Judge. Bill by tlie Chattanooga Savings Bank against JSaxter Crawford, and others to reform a mortgage, to ascertain tbe amount due on a note, and to foreclose. From a decree overruling demurrers to tbe bill, respondents appeal. Tbe bill alleges that on August 8, 1908, one C. C. Crawford, son of Baxter Crawford and wife, executed to one Mrs. Dora C. Rawlings a certain promissory note for $1,350, payable two years after date at tbe American National Bank at Chattanooga, and that complainant is now tbe owner and bolder of said…
1Opinion of the CourtSayre, J.
[1] In appellants’ brief most stress is laid upon tbe proposition that the mortgage held by appellee was not assignable, and therefore that appellee, who filed this hill to reform and foreclose, acquired ho rights by the assignment under which it claims. The instrument is peculiar in several respects. Among other things, as will be seen by reference to the reporter’s statement of the facts alleged in the bill, tbe mortgage provides that it shall become void in case the mortgagee shall die before foreclosure; that “before any foreclosure sale of tbe property in this mortgage, and before any…
2Cases cited11 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1910
- Woodlawn Realty & Development Co. v. HawkinsSupreme Court of Alabama · 1914
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Fearnley v. FearnleySupreme Court of Colorado · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Smith v. CookSupreme Court of Alabama · 1929
- Sisco v. Empiregas, Inc. of Belle MinaSupreme Court of Alabama · 1970
- Aiken v. McMillanSupreme Court of Alabama · 1925
- McCaskill v. TooleSupreme Court of Alabama · 1928
- Mjm, Inc. v. Casualty Indemnity ExchangeSupreme Court of Alabama · 1985
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