Hudson v. Kelly
Supreme Court of Alabama
Appeal from the Chancery Court of Coffee. Heal'd before the Hon. John A. Foster. The original bill in. this case was filed on the 2d October, 1879, by Henry W. Kelly, against H. L. Hudson, and sought to enjoin a judgment in an action of ejectment, or statutory action in the nature of ejectment, which the defendant had recovered, for the possession of a certain tract of land, which he claimed under a deed from one W. P. Balkum; also, to have Balkum’s said deed declared a…
Read the full summary
Appeal from the Chancery Court of Coffee. Heal'd before the Hon. John A. Foster. The original bill in. this case was filed on the 2d October, 1879, by Henry W. Kelly, against H. L. Hudson, and sought to enjoin a judgment in an action of ejectment, or statutory action in the nature of ejectment, which the defendant had recovered, for the possession of a certain tract of land, which he claimed under a deed from one W. P. Balkum; also, to have Balkum’s said deed declared a mortgage, and to be let in to redeem, on payment of the balance, if any, due on the debt intended to be secured; and if…
1Opinion of the CourtStone, J.
The present is a suit to redeem lands' by the alienee of the' mortgagor, Balkum: We style him mortgagor, for we agree with tné; chancellor that the deed from Balkum and wife to Hudson, absolute on its face, is clearly shown to *396have been intended as a mortgage security.—2 Brick. Dig. 271, §§ 216-7-8. At the time the Ml was filed, in October, 1879, and when it was amended, in August, 1880, the debt to Solomon, or rather to Wolffe, his assignee, remained unsatisfied, in-whole or in part. Probably, the greater part of 'it was then unpaid. The evidence of it had not been cancelled, or transferred…
2Cases cited3 opinions
- Dooley v. VillalongaSupreme Court of Alabama · 1878
- McMullen v. Neal's Adm'rSupreme Court of Alabama · 1877
- Peck v. WallaceSupreme Court of Alabama · 1851
3Cited by6 opinions
- Hames v. IrwinSupreme Court of Alabama · 1949
- Perdue v. Brooks Bros.Supreme Court of Alabama · 1888
- MacKe v. ScacciaSupreme Court of Alabama · 1931
- Waller v. JonesSupreme Court of Alabama · 1894
- Scaife v. ArgallSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.