Henderson v. Gilliland
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Bill by Mattie Henderson against A. L. Gilliland and otbers to restore to complainant a certain note and mortgage for the fraud and misrepresentations in procuring its assignment. Decree for respondents and complainant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Bill by Mattie Henderson against A. L. Gilliland and otbers to restore to complainant a certain note and mortgage for the fraud and misrepresentations in procuring its assignment. Decree for respondents and complainant appeals. The securities were obtained, from appellant by fraud or misrepresentation with which A. L. Gilliland was sufficiently connected.—Safer v. Cole, 57 South 757; Merritt v. fflirmdn, 116 Ala. 279; Costley v. Allen, 56 Ala. 98; Kennedy v. Kennedy, 2 Ala. 571; Kerr on Frauds, 41-43 and 381; §§ 3298-9, Code…
1Opinion of the Court
McCLELLAN, j.
This bill is filed by Mrs. Henderson, appellant, against A. L. Gilliland and G. N. Henderson; and 'its purpose is to effect the restoration to complainant of a certain note, a negotiable instrument, and mortgage to secure it which complainant assigned by indorsement only, and which was delivered, by G. N. Henderson, to Gilliland as security for the payment of notes, aggregating $500, executed by complainant’s son, G. N. Henderson, io Gilliland. The consideration for *270the notes to Gilliland executed by G. N. Henderson, was five shares of stock in a corporation styled the Tomlin…
2Cases cited1 opinion
- Allen v. RiddleSupreme Court of Alabama · 1904
3Cited by8 opinions
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Davis v. HoweSupreme Court of Oklahoma · 1924
- Moncion v. BertrandSupreme Court of Vermont · 1925
- Powell v. Security National BankSupreme Court of Oklahoma · 1929
- Wallace v. CrosthwaitSupreme Court of Alabama · 1916
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