Goulding Fertilizer Co. v. Blanchard
Supreme Court of Alabama
Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. ft. Blanchard against Goulding Fertilizer Company and others to reform a deed and mortgage and to enjoin the sale of a certain quarter section of land. From a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. ft. Blanchard against Goulding Fertilizer Company and others to reform a deed and mortgage and to enjoin the sale of a certain quarter section of land. From a decree overruling demurrers to the bill, respondents appeal. The bill alleges that J. A. Prestwood and wife were indebted to O’Neal, Law & Co. in the sum of $8,625, and, in order to secure it, executed a mortgage on the 26th day of September, 1907, one secured thereby maturing October 1, 1908,. and the other maturing October 1, 1909; that, among other…
1Opinion
*303ON REHEARING.
SOMERVILLE, J.
On the original hearing I concurred in the foregoing opinion of the Chief Justice, and in the affirmance of the chancellor’s decree overruling the demurrer to the bill of complaint.
On appellant’s application a rehearing was granted, the affirmance set aside, and a judgment of reversal entered, in which Anderson, McClellan, Sayre, and Somerville, JJ., concurred, but no opinion was then filed expressive of the views of the majority.
I now undertake to explain the reasons for my action on the first application for rehearing, and to state the principles which I think…
2Cases cited20 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Reddick v. LongSupreme Court of Alabama · 1899
- Spotswood v. BentleySupreme Court of Alabama · 1902
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