Albritton v. Lott-Blackshear Com. Co.
Supreme Court of Alabama
Appeal from Wilcox Chancery Court. Heard before Hon. Tt-ios. H. Smith. Bill by the Lott-Blackshear Commission Company against Geo. L. Albritton to foreclose certain mortgages with cross bill by the defendant. From a decree granting relief under the original bill, ordering an accounting, and dismissing his cross bill respondent appeals.
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Appeal from Wilcox Chancery Court. Heard before Hon. Tt-ios. H. Smith. Bill by the Lott-Blackshear Commission Company against Geo. L. Albritton to foreclose certain mortgages with cross bill by the defendant. From a decree granting relief under the original bill, ordering an accounting, and dismissing his cross bill respondent appeals. It is insisted first that the contract of December 3rd, 1908, contained in it the additional'provision contended for by appellant and that the agent of appellee had authority to bind it by agreeing to said provision and second that the notice provided for in…
1Opinion of the CourtMayfield, J.
The original bill was filed by the appellee to foreclose three separate mortgages upon a certain Black Belt plantation, and incidentally sought the appointment of a receiver and an accounting. The respondent, appellant here, filed a cross-bill, seeking a redemption and an accounting, and seeking to establish a set-off by way of recoupment, as damages, on account of breaches of an agreement as to the management and’ control of the plantation during the year 1909. If there could be said to have been any doubt about the equity of the bill, or about the right or propriety of the appointment of a…
2Cases cited1 opinion
- Albritton v. Lott-Blackshear Commission Co.Supreme Court of Alabama · 1910
3Cited by2 opinions
- Hartley v. FrederickSupreme Court of Alabama · 1915
- Miller v. GrahamSupreme Court of Alabama · 1916