Vaughan v. Marable
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Heard before tbe Hon. N. S. Graham. The original bill in this case was filed on the 12th May, 1875, by Champion Marable, against James Yaughan and the administrators of tbe estate of Ichabod Phillips, deceased ; and sought to restrain by injunction the sale of certain lands, under a power of sale contained in á mortgage, which the complainant bad executed to said Yaughan, and to Lave the mortgage declared void and cancelled, on…
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Appeal from the Chancery Court of Tallapoosa. Heard before tbe Hon. N. S. Graham. The original bill in this case was filed on the 12th May, 1875, by Champion Marable, against James Yaughan and the administrators of tbe estate of Ichabod Phillips, deceased ; and sought to restrain by injunction the sale of certain lands, under a power of sale contained in á mortgage, which the complainant bad executed to said Yaughan, and to Lave the mortgage declared void and cancelled, on tbe ground of maintenance, fraud, want of consideration, and illegality of consideration. The mortgage, in wbicb the…
1Opinion of the CourtBbjckell, C. J.
Courts of equity will interfere by injunction to restrain the execution of a power of sale in a mortgage or deed of trust. The jurisdiction is, however, exercised with great care and caution, and only when by clear, precise allegations of distinct facts, it is made to appear that, by reason of fraud, or want or illegality of consideration, the collection of the debt is against good conscience, and the sale would work irreparable injury. — 2 Jones Mort. §§ 1804-07; High on Inj. §§ 309-12.
The mortgage, in the present case, is framed and intended to secure a pre-existing debt, due by promissory…
2Cases cited4 opinions
- Gilbert v. HolmesIllinois Supreme Court · 1872
- Thompson v. MarshallSupreme Court of Alabama · 1860
- McCall's Admr. v. CapehartSupreme Court of Alabama · 1852
- Sandford v. ShelbyIndiana Supreme Court · 1835
3Cited by21 opinions
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Glover v. HembreeSupreme Court of Alabama · 1886
- Greil Bros. Co. v. McLainSupreme Court of Alabama · 1916
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Bedell v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
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