Turner v. Flinn
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. JohN A. Fostee. The bill in this case was filed on the 21st May, 1880, by Mrs, Rebecca Turner, against William R. Flinn, Robert Flinn, and Henry Jones; and sought to foreclose a mortgage on a tract of land.
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. JohN A. Fostee. The bill in this case was filed on the 21st May, 1880, by Mrs, Rebecca Turner, against William R. Flinn, Robert Flinn, and Henry Jones; and sought to foreclose a mortgage on a tract of land. The mortgage, a copy of which was made an exhibit to the bill, was dated the 4th October, 1871, and was executed by said W. R. Flinn alone; but the note which it was given to secure was signed by said W. R. Flinn, Henry Jones, and Bun-bury Flinn, as joint makers, and was payable on 1st November, 1872. The note was renewed…
1Opinion of the CourtBrickell, C. J.
The undisputed fact is, that the appellant deliberately indorsed, upon the face of the mortgage she now seeks to foreclose, an acknowledgement of its satisfaction, and then intrusted it to the possession of the mortgagor. It is a fact fully proved, that while in possession of the lands,' the mortgagor made a sale of them, for a valuable consideration, to the appellee, Robert Flinn, to whom the mortgage, with the-acknowledgment of satisfaction, was shown, and who paid the purchase-money, and received a conveyance, without notice, and *535in ignorance of the agreement between the appellant and…
2Cited by8 opinions
- Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
- Mobile J. & K. C. R. R. v. Bay Shore Lumber Co.Supreme Court of Alabama · 1908
- Brown v. First National BankSupreme Court of Alabama · 1893
- Bank of Oakman v. ThompsonSupreme Court of Alabama · 1935
- Shelton v. CookseyMissouri Court of Appeals · 1909
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