Lyon v. Powell
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. Thomas Cobbs. The bill in this- case was filed on the 13th September, 1880, by George G. Lyon, as the administrator of the estate of James McDermott, deceased, against Colpmbus Powell, the Georgia Banking and Trust Company, a foreign corporation, and several other persons; and sought, 1st, to have a certain.conveyance of lands, which said Powell had executed to complainant’s intestate, declared a mortgage, and…
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Appeal from the Chancery Court of Marengo. Heard before the Hon. Thomas Cobbs. The bill in this- case was filed on the 13th September, 1880, by George G. Lyon, as the administrator of the estate of James McDermott, deceased, against Colpmbus Powell, the Georgia Banking and Trust Company, a foreign corporation, and several other persons; and sought, 1st, to have a certain.conveyance of lands, which said Powell had executed to complainant’s intestate, declared a mortgage, and foreclosed as such; 2d, to have a partition of the lands, by the decree of the court, between the complainant and the…
1Opinion of the CourtClopton, J.
A conveyance, though absolute on its face, will be considered and treated, in equity, as a mortgage,' when it is intended and understood by both parties to be a security for a debt, either contemporaneously contracted or pre-existing, the debt continuing in force. The agreement may be in parol, or expressed in a separate writing. In whatever form it may exist, when such appears to be the celar intention, all the incidents of a mortgage attach to the deed, and the rights and lia*355bilities of the parties are determined by the rules applicable to formal mortgages. The grantor possesses an equity…
2Cases cited7 opinions
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Randle v. BoydSupreme Court of Alabama · 1882
- Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
- Wilkinson v. StuartSupreme Court of Alabama · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sandlin v. AndersSupreme Court of Alabama · 1923
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Marshall v. MarshallSupreme Court of Alabama · 1888
- Donnor v. QuartermasSupreme Court of Alabama · 1890
- Nelson v. KellySupreme Court of Alabama · 1890
23 more not listed; retrieve them via the Exa API.