Scott v. Cotten
Supreme Court of Alabama
Appeal from the City Court of Decatur, in equity. Heard before the Hon. W. H. Simpson. The bill in this case was filed on the 28th June, 1889, by John F. Scott, against Mrs. Mary W. Gotten, the wife of Samuel R. Gotten; and sought to foreclose a mortgage on a stock of goods which the complainant had sold to Mrs Cotten, taking the mortgage as security, and, as recited therein, her two notes, for the balance of purchase-money unpaid. . On final hearing, on pleadings and proof,…
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Appeal from the City Court of Decatur, in equity. Heard before the Hon. W. H. Simpson. The bill in this case was filed on the 28th June, 1889, by John F. Scott, against Mrs. Mary W. Gotten, the wife of Samuel R. Gotten; and sought to foreclose a mortgage on a stock of goods which the complainant had sold to Mrs Cotten, taking the mortgage as security, and, as recited therein, her two notes, for the balance of purchase-money unpaid. . On final hearing, on pleadings and proof, the City Court dismissed the bill, but without prejudice; and its decree is here assigned as error. The opinion states…
1Opinion of the CourtClopton, J.
The City Court dismissed the bill, which was brought by appellant to foreclose a mortgage on a stock of goods, mainly on the grounds, that the execution of the notes produced on the hearing was not shown, and the failure of the complainant to produce the notes which the court ascertained were given contemporaneously with the mortgage, or to account for their absence.
The undisputed facts are: On September 15, 1888, complainant and defendant, who is a married woman, entered into a written agreement, in the execution of which her husband united, for the sale of a stock of goods, at the price of…
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