Gillham v. Walker
Supreme Court of Alabama
Appeal from the 'Chancei’y Court of Colbert. Heard before the Hon. William H. Simpson. The facts of the case are sufficiently stated in the opinion.
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Appeal from the 'Chancei’y Court of Colbert. Heard before the Hon. William H. Simpson. The facts of the case are sufficiently stated in the opinion. A mortgagee has the right to resort to a court of equity to have the payment of the mortgaged debt established and the mortgage cancelled. — Kelly v. Martin, 107 Ala. 479; Rea v. Longstreet, 54 Ala. 291; Lehman v. Shook, 69 Ala. 486; Jones v. DeCfraffenreicl, 60 Ala. 145. The debtor may direct the application of any general payment made by him. 15 Am. & Eng. Ency. Law, p. 876 and note. The law of set'off is the same in equity as at law, unless…
1Opinion of the CourtDowdell, J.
The appellees, who were tenants in common and owners of a three-fourths interest in certain real estate and a mining plant situated thereon, *461sold and conveyed their said interest to appellants. The deed of conveyance contained covenants of warranty, excepting, however, from the covenants, certain specified claims or debts due and owing from appellees to their vendors on the property described, and which said indebtedness the appellants assumed and agreed to pay as a part of the consideration for the conveyance from ap-pellees to appellants. The total amount of the consideration as express in…
2Cases cited4 opinions
- Strong v. WaddellSupreme Court of Alabama · 1876
- Thompson v. SheppardSupreme Court of Alabama · 1888
- Magee v. McMillanSupreme Court of Alabama · 1857
- Blanks v. WalkerSupreme Court of Alabama · 1875
3Cited by6 opinions
- Burch v. DriverSupreme Court of Alabama · 1921
- Gidley v. GidleySupreme Court of Alabama · 1918
- Holman v. HuttoSupreme Court of Alabama · 1923
- Lawson v. HelmsSupreme Court of Alabama · 1926
- Burnett v. SulflowSupreme Court of Minnesota · 1916
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