Bigelow v. Scott
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Beard before the Hon. A. D. Sayre. Prior to April, 1890, one Henry M. Frank purchased and had conveyed to him a certain piece of real estate iyino- in the city of. Montgomery, Alabama, and on the 22d "<]ay of April, 1890, he and his wife, Mollie Frank, executed'a mortgage thereon to-one Mrs. P. N. Tyson to secure a loan made by her to said Henry M. Frank.
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Appeal from the City Court of Montgomery, in Equity. Beard before the Hon. A. D. Sayre. Prior to April, 1890, one Henry M. Frank purchased and had conveyed to him a certain piece of real estate iyino- in the city of. Montgomery, Alabama, and on the 22d "<]ay of April, 1890, he and his wife, Mollie Frank, executed'a mortgage thereon to-one Mrs. P. N. Tyson to secure a loan made by her to said Henry M. Frank. On Julv 25th, 1890, the appellees here, Walter Henry Scott am i William J. Scott, filed a bill in the City Court of Montgomery in Equity, against the said Henry and Mollie Frank, seeking…
1Opinion of the CourtMcCLELLAN, C. J.
Franks had the legal title to certain lands. The Scotts were the equitable, owners of it, having the equity to compel a conveyance from Franks as upon a resulting trust. Franks mortgaged the land to Mrs. Tyson to secure money presently borrowed. Mrs. Tyson had no notice of the Scott’s equity. After this the Scotts filed their bill to enforce the trust in their favor. While this- bill was pending, Franks borrowed money from Gay to pay off the Tyson mortgage, and the money was so used, said mortgage being formally discharged and satisfied; and executed to Gay a mortgage on the land to secure…
2Cases cited4 opinions
- Bolman v. LohmanSupreme Court of Alabama · 1883
- Faulk v. CallowaySupreme Court of Alabama · 1898
- Scott v. Land, Mortgage, Investment & Agency Co., Ltd. of AmericaSupreme Court of Alabama · 1899
- Tait v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1902
3Cited by14 opinions
- Wallace v. . BennerSupreme Court of North Carolina · 1931
- First Avenue Coal & Lumber Co. v. KingSupreme Court of Alabama · 1915
- New England Mortgage Security Co. v. FrySupreme Court of Alabama · 1904
- Bell v. BellSupreme Court of Alabama · 1911
- Woodruff v. SatterfieldSupreme Court of Alabama · 1917
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