Higman v. Humes
Supreme Court of Alabama
Appeal from the Chancery Court of' Morgan. Heard before the I-Ion. William II. Simpson. The bill in this case was filed by the appellee, Milton Humes, against the appellant, John Higman, Jr., and another, and sought to have a mortgage executed to the defendant ' Higman declared a cloud upon the title of the complainant, and further prayed that the title to said lands specifically described in said bill be invested in the complainant, and that the defendant John I-Iigman,…
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Appeal from the Chancery Court of' Morgan. Heard before the I-Ion. William II. Simpson. The bill in this case was filed by the appellee, Milton Humes, against the appellant, John Higman, Jr., and another, and sought to have a mortgage executed to the defendant ' Higman declared a cloud upon the title of the complainant, and further prayed that the title to said lands specifically described in said bill be invested in the complainant, and that the defendant John I-Iigman, Jr., be perpetually enjoined from asserting any rights to said property under the mortgage upon said lands which was given…
1Opinion of the CourtDowdell, J.
The appeal in this case is taken from the decree of the chancellor rendered on December 16th, 1898, overruling the demurrer of the respondent John *407Higman, Jr., to complainant’s bill and also tbe motion of said respondent to dismiss the bill for want of equity. The vital question raised by the demurrer and motion, and the one urged in argument by counsel, is one of priority between mortgagees. The facts, as stated in the bill are substantially as follows: On the 14th of January, 1888, the respondent Harris 0. Higman together with Newton B. Hall and George Smith executed a mortgage to the…
2Cases cited1 opinion
- New England Mortgage Security Co. v. Hirsch Bros.Supreme Court of Alabama · 1892
3Cited by16 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- New England Mortgage Security Co. v. FrySupreme Court of Alabama · 1904
- Carr v. MooreSupreme Court of Alabama · 1919
- Burns v. BurnsSupreme Court of Alabama · 1933
- Sullivan v. WilliamsSupreme Court of Alabama · 1923
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