Driver v. Fortner
Supreme Court of Alabama
The defendant in error exhibited his bill on the equity side of the Circuit Court of Madison, setting forth, that on the eleventh day of May, eighteen hundred and thirty, he executed a deed of trust to Thomas J. Sumner, as trustee, for the benefit of the plaintiff, which was intended to secure the payment of a note, given by the defendant to the plaintiff, on the fifteenth of January, eighteen hundred and thirty, for the sum of two hundred dollars, with interest from the…
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The defendant in error exhibited his bill on the equity side of the Circuit Court of Madison, setting forth, that on the eleventh day of May, eighteen hundred and thirty, he executed a deed of trust to Thomas J. Sumner, as trustee, for the benefit of the plaintiff, which was intended to secure the payment of a note, given by the defendant to the plaintiff, on the fifteenth of January, eighteen hundred and thirty, for the sum of two hundred dollars, with interest from the date, due on the first day of March, eighteen hundred and thirty one. — That, about the third day of June, next after the…
1Opinion of the CourtCollier, J.
The questions of fact, arising upon the bill and answer, touching which they are in conflict, and which are to be determined by the proof in the cause, are these:
First; — Did the plaintiff fraudulently prevent the defendant, by false statements or otherwise, from complying with the conditions of the order, for the issuance of an injunction'?
Second — Did the plaintiff refuse to allow to the defendant, all proper credits upon' the debt secured by the deed of trust?
Third — If the plaintiff prevented a compliance with the terms of the order, for an injunction, has the defendant sustained an…
2Cited by6 opinions
- Rosenau v. PowellSupreme Court of Alabama · 1911
- Betts v. GunnSupreme Court of Alabama · 1857
- Strange v. WatsonSupreme Court of Alabama · 1847
- Brown v. BurnumSupreme Court of Alabama · 1892
- Frank v. JohnsonSupreme Court of Alabama · 1954
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