Williams v. Davis
Supreme Court of Alabama
Appeal from Houston Chancery Court. Heard before Hon. W. L. Parks. Bill by W. H. Williams against J. W. Davis. From a decree for defendant, complainant appeals. W. H. Williams filed his bill against J. W. Davis for a specific performance of a contract verbal to execute a mortgage.
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Appeal from Houston Chancery Court. Heard before Hon. W. L. Parks. Bill by W. H. Williams against J. W. Davis. From a decree for defendant, complainant appeals. W. H. Williams filed his bill against J. W. Davis for a specific performance of a contract verbal to execute a mortgage. The allegations made by the bill are that Davis’ wife was sick and that Williams was called in to see her; that after an examination he informed Davis that an operation was necessary, whereupon Davis inquired the amount of the fee for operating, and, upon being told that it would be $125, Davis replied that he did…
1Opinion of the CourtHaralson, J.
It seems that prior to the act of January 22, 1885 (Acts 1885, p. 93), carried, into Code 1896 as section 2151, an equitable mortgage of personal property might be created by a verbal agreement. — Shelburne v. Letsinger, 52 Ala. 96.
The Act of 1885, referred to, changed this rule. It provided, that hereafter, “all mortgages on personal property hereafter taken shall be invalid, unless in writing and subscribed by the mortgagor.” — Barnhill v. Howard, 104 Ala. 412, 16 South. 1.
The facts of the case, as alleged in the bill, show that no mortgage was ever executed by the defendant. The most that…
2Cases cited3 opinions
- Barnhill v. HowardSupreme Court of Alabama · 1893
- Brown v. E. Van Winkle Grin & Machine WorksSupreme Court of Alabama · 1904
- Shelburne v. LetsingerSupreme Court of Alabama · 1875
3Cited by8 opinions
- Interstate L. Co. v. DukeSupreme Court of Alabama · 1913
- Dickey v. VaughnSupreme Court of Alabama · 1916
- Downs v. DownsSupreme Court of Alabama · 1952
- Putnam v. SummerlinSupreme Court of Alabama · 1910
- Palmer v. JamesSupreme Court of Alabama · 1924
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