Palmer v. Sulzby
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by James F. Sulzby against Mrs. Palmer to foreclose a mortgage. From a decree overruling demurrers to the bill, respondent appeals. The bill was insufficient in its statement of fact to show a consideration and its nature for the mortgage sought to be foreclosed, and failed to show a necessity for a foreclosure as the mortgage' contained a power of sale. — Sec. 3094, Code 1907, and cases cited.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by James F. Sulzby against Mrs. Palmer to foreclose a mortgage. From a decree overruling demurrers to the bill, respondent appeals. The bill was insufficient in its statement of fact to show a consideration and its nature for the mortgage sought to be foreclosed, and failed to show a necessity for a foreclosure as the mortgage' contained a power of sale. — Sec. 3094, Code 1907, and cases cited. There is nothing in either ground of demurrer. — Hunley v. Lang, 5 Port. 157; Vaughan v. Marable, 64 Ala. 67.
1Opinion of the CourtSayre, J.
Bill to foreclose a mortgage averring that defendant was indebted by promissory notes executed by defendant and secured by the mortgage. . Defendant demurred to the bill on the ground that it should contain specifications as to the origin of the debt and the nature of the consideration for which the notes were given. Our judgment is that the averments of the bill in this respect were sufficient. The notes imported a consideration, and that was enough. — Hunley v. Lang, 5 Port. 157.
Defendant also demurred to the bill because complainant had ample remedy under the power of sale in the mortgage.…
2Cases cited3 opinions
- Vaughan v. MarableSupreme Court of Alabama · 1879
- McGowan v. Branch Bank at MobileSupreme Court of Alabama · 1845
- Hunley v. Willis Lang & Co.Supreme Court of Alabama · 1837
3Cited by2 opinions
- Auburn Insurance Agency, Inc. v. First National BankSupreme Court of Alabama · 1955
- Taylor v. InzerSupreme Court of Alabama · 1933