National Building & Loan Ass'n v. Cheatham
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The original bill in this case was filed on October 26, 1898, by H. O. Cheatham and B. F. Cheatham, against the National Building & Loan Association.
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The original bill in this case was filed on October 26, 1898, by H. O. Cheatham and B. F. Cheatham, against the National Building & Loan Association. The bill was amended on October 31, 1898. It was averred in the original and amended bill that the complainants bad borrowed $4,000 from-the National Building & Loan Association, and to secure the payment thereof they had executed and delivered to said association a mortgage upon certain described lands; that this money was borrowed on the ordinary building…
1Opinion of the CourtDowdell, J.
The appeal in this ease is prosecuted from the decree of the court, on demurrer to the bill. The first four grounds of the demurrer are addressed to- the bill as a whole, and were overruled by the court. The grounds numbered from five to sixteen, both inclusive, arei addressed to parts of the bill, and are, therefore, to be regarded and treated as separate dernuirrers. Of these, those numbered five, six, seven and twelve, were sustained, and the remaining ones- overruled. Of these latter, all, except the 16th, set up only matter embraced in those sustained, and consequently the. respondent…
2Cited by5 opinions
- Carroll v. HendersonSupreme Court of Alabama · 1915
- Pattillo v. TuckerSupreme Court of Alabama · 1927
- Beasley v. RossSupreme Court of Alabama · 1937
- Burns v. Mtg. Bond Co.Supreme Court of Alabama · 1916
- Garrett v. Federal Land Bank of New OrleansSupreme Court of Alabama · 1940