District Grand Lodge No. 7 v. Marx
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Titos. H. Smith. The bill in this case was filed on March 31, 1898, by the-appellant, the District' Grand Lodge, No. 7, Independent Order1 of B’nai B’rith, a corporation organized under the laws of the State of Louisiana, against the appellees. The following facts were averred in the bill: One Ed Levy executed a mortgage to Marx & Co. to secure an indebtedness from said Levy.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Titos. H. Smith. The bill in this case was filed on March 31, 1898, by the-appellant, the District' Grand Lodge, No. 7, Independent Order1 of B’nai B’rith, a corporation organized under the laws of the State of Louisiana, against the appellees. The following facts were averred in the bill: One Ed Levy executed a mortgage to Marx & Co. to secure an indebtedness from said Levy. Subsequent to the execution of this mortgage Levy sold the lands included in said mortgage to one Dan Peters. No deed was made from Levy to Peters, but…
1Opinion of the CourtTyson, J.
The ultimate and prime object of the bill is the foreclosure of the mortgage executed by Peters, which it is alleged belongs to the complainant. To accomplish this end, the bill seeks a correction of the description of the lands conveyed by the mortgage so as to conform to the intention of the parties.
It is made to appear that one Levy, the owner of the land sought to be subjected, executed a mortgage upon this land to one Marx. Subsequently Levy sold the land to Peters upon a credit, he paying a part of the purchase money and going into possession, but getting no deed. Peters upon learning…
2Cases cited4 opinions
- McGehee v. Lehman, Durr &Co.Supreme Court of Alabama · 1880
- Alexander v. ReaSupreme Court of Alabama · 1874
- Hendon v. MorrisSupreme Court of Alabama · 1895
- Christian & Craft Grocery Co. v. KlingSupreme Court of Alabama · 1898