Jordan v. Garner
Supreme Court of Alabama
Appeal from the Chancery Court of Dale. Heard before the Hon. John A. Foster: The bill in this case was filed on February 16, 1891, by E. R. Jordan and his wife, Mattie Jordan, against Bartow Garner and John McNair. The prayer of the bill was to have a deed made by one Mrs. Gray to the defendant Garner declared a mortgage, and have the title to the land therein -invested in the complainants.
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Appeal from the Chancery Court of Dale. Heard before the Hon. John A. Foster: The bill in this case was filed on February 16, 1891, by E. R. Jordan and his wife, Mattie Jordan, against Bartow Garner and John McNair. The prayer of the bill was to have a deed made by one Mrs. Gray to the defendant Garner declared a mortgage, and have the title to the land therein -invested in the complainants. The defendant McNair had, prior to the filing of the bill, purchased a portion of the land involved in this suit from the defendant, Bartow Garner. On the final hearing of the cause, the chancellor…
1Opinion of the CourtColeman, J.
The case made by complainant’s bill is, that they verbally contracted with one Mrs. Gray to purchase a certain lot of land from her, and not having the means to make the cash payment required, procured Bartow Garner to advance, as a loan to them, the cash payment, and to become surety for the deferred payment; that to secure Bartow Garner against loss, it was agreed that the deed be executed direct to Garner, who should reconvey to complainants, upon being repaid the loan or advance made by him as the cash payment. The bill then avers, the payment by complainants of the deferred payment for…
2Cases cited5 opinions
- Peagler v. StablerSupreme Court of Alabama · 1890
- Bates v. KellySupreme Court of Alabama · 1885
- Adams v. PilcherSupreme Court of Alabama · 1890
- Cosby v. BuchananSupreme Court of Alabama · 1886
- Mitchell v. WellmanSupreme Court of Alabama · 1885
3Cited by2 opinions
- Pollak v. MillsapSupreme Court of Alabama · 1928
- Harper v. T. N. Hayes Co.Supreme Court of Alabama · 1907