O'Neal v. Seixas
Supreme Court of Alabama
Appeal from tbe Chancery Court of Lauderdale. Heard before the Hon. Thomas Cobbs. Tbe bill in tbis case was filed on tbe 24th May, 1887, by Henry O. Seixas, against Emmet O’Neal and tbe heirs at law of Neander H. Rice and Ms wife, both deceased; and sought to reform, by correcting and perfecting tbe description of tbe lands conveyed, a mortgage, or a written instrument in the nature o£ a mortgage, executed by said N. H. Bice while in life, and to foreclose the same by a sale…
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Appeal from tbe Chancery Court of Lauderdale. Heard before the Hon. Thomas Cobbs. Tbe bill in tbis case was filed on tbe 24th May, 1887, by Henry O. Seixas, against Emmet O’Neal and tbe heirs at law of Neander H. Rice and Ms wife, both deceased; and sought to reform, by correcting and perfecting tbe description of tbe lands conveyed, a mortgage, or a written instrument in the nature o£ a mortgage, executed by said N. H. Bice while in life, and to foreclose the same by a sale of the property. The instrument sought to be foreclosed as a mortgage, a copy of which was made an exhibit to the bill,…
1Opinion of the CourtSomeryille, J.
1. The land is described in the mortgage of the complainant as “a lot of land near Florence, north of the Fair Grounds, containing 35 acres, more or less.” A more accurate description of it is given in the bill, coupled with the averment that this was the only such lot situated in that locality, of which the mortgagor, Neander H. Rice, was seized and possessed at the time of the execution of the mortgage, on August 24th, 1875. ( The description is not so vague and indefinite as to be incapable of being aided by parol evidence of identification, when read in the light of the circumstances…
2Cases cited20 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Craft v. RussellSupreme Court of Alabama · 1880
- Ellis v. MartinSupreme Court of Alabama · 1877
15 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Betts v. WardSupreme Court of Alabama · 1916
- Homan v. StewartSupreme Court of Alabama · 1893
- Karter v. EastSupreme Court of Alabama · 1929
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- Nolen v. HenrySupreme Court of Alabama · 1914
42 more not listed; retrieve them via the Exa API.