Bolling & Son v. Pace
Supreme Court of Alabama
Appeal from tbe Chancery Court of Crensbaw. Heard before the Hon. John A. Foster. Tbe facts of this case are sufficiently stated in tbe opinion. cited Strauss v. Meertief 64 Ala. 299; Gilbreath v. Jones, 66 Ala. 129 ; Tankersley v. Pettis, 71 Ala. 179; McCall v. Jones, 72 Ala. 368.
1Opinion of the CourtMoCLELLAN, J.
This bill is filed by B.E. Bolling & Son against W. H. Cook, B. B. Pace and N. A. Pace, bis wife, *608and Rufus Cook. Its averments, so far as material, are : On Nov. 13, 1884, W. H. Cook sold the land, which is the subject matter in litigation, to R. R. Pace, executing a conveyance in fee to the purchaser. On the same day Pace and wife executed a mortgage to secure the payment of the purchase money, which was also evidenced by Pace’s note, to said Cook. On January 8, 1885, W. H. Cook transferred and assigned said note and mortgage to Bolling & Son for value. On May 16, 1890, the present bill was…
2Cases cited5 opinions
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Corning v. . SmithNew York Court of Appeals · 1851
- Barnard v. . OnderdonkNew York Court of Appeals · 1885
- Summers v. BromleyMichigan Supreme Court · 1873
- Helck v. . ReinheimerNew York Court of Appeals · 1887
3Cited by20 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Thomas v. BarnesSupreme Court of Alabama · 1929
- Irvin v. IrvinSupreme Court of Alabama · 1922
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