Thomas v. Livingston
Supreme Court of Alabama
Appeal from Autauga Chancery Court. Heard before 1-Ion. W. W. Whiteside. Bill by Julia A. Thomas to enforce the collection of a sum of money collected by Livingston as pent for the previous year. The facts sufficiently appear in the opinion of the court. For a full treatment of the question presented by this appeal, we refer to: 2 Jones on Mortgages, Ohapt. 23, Sec. 1114, etseq.
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Appeal from Autauga Chancery Court. Heard before 1-Ion. W. W. Whiteside. Bill by Julia A. Thomas to enforce the collection of a sum of money collected by Livingston as pent for the previous year. The facts sufficiently appear in the opinion of the court. For a full treatment of the question presented by this appeal, we refer to: 2 Jones on Mortgages, Ohapt. 23, Sec. 1114, etseq. A court of equity wall not take jurisdiction if there is a clear, complete and adequate remedy at law. If equity has jurisdiction of the cause, then, the defendant is deprived of his constitutional right of trial by…
1Opinion of the Court
WEAKLEY, C. ,T.
In Reeves v. Abercrombie, 108 Ala. 535, 19 South. 41, we collected and classified our previous decisions 'in cases where bills had been filed in equity to declare to be mortgages deeds which on their face.appeared to-be absolute and unconditional; and the jurisdiction of the chancery court was declared to exist in such cases to grant relief, and upon parol testimony alone, when it is clear and convincing. The .power of the court is none the less ample, where the transact! on is in fact, and was intended by both parties to be, a mortgage to secure a continuing debt, although…
2Cases cited8 opinions
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Douglass v. MoodySupreme Court of Alabama · 1885
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Vincent v. WalkerSupreme Court of Alabama · 1888
- English v. LaneSupreme Court of Alabama · 1835
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3Cited by1 opinion
- Cousins v. CrawfordSupreme Court of Alabama · 1953