Johnson v. Pinckard & Lay
Supreme Court of Alabama
APPEAL from Etowah Chancery Court. Heard before Hon. W. W. Whiteside. Bill by R. W. Johnson and another against Pinckard & Lay, and others, to cancel a mortgage and deed because of mental incapacity of the grantors. From a decree for respondents complainant appeals.
1Opinion of the Court
McCLELLAN, j.
The submission of this cause in the court below was on the amended bill and on the answer, only. The: *260decree entered by the chancellor gave effect to his conclusion that the complainants (appellants) did not discharge the burden of proof assumed by, and resting on, them under the allegations of the amended bill.(1) The bill’s object was to cancel a mortgage and a deed purporting to have been executed by R. W. Johnson and his wife, E. M. Johnson.- The land was the property of R. W. Johnson. The amended bill’s averments presented two theories (in the alternative, we will assume for…
2Cases cited7 opinions
- Rawdon v. RawdonSupreme Court of Alabama · 1856
- Stanfill v. JohnsonSupreme Court of Alabama · 1909
- Moog v. BarrowSupreme Court of Alabama · 1893
- City of Mobile v. FowlerSupreme Court of Alabama · 1906
- Pike v. PikeSupreme Court of Alabama · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hicks v. BiddleSupreme Court of Alabama · 1928
- Morrison v. Federal Land Bank of New OrleansSupreme Court of Alabama · 1936
- Compton v. ComptonSupreme Court of Alabama · 1937
- Burton v. MeeksSupreme Court of Alabama · 1931
- Shell v. RameySupreme Court of Alabama · 1971