Scheible v. Bacho
Supreme Court of Alabama
Appeal from tbe Chancery Court at Mobile. Heard before tbe Hon. N. W. Cocke. The bill in this case was filed, on the 31st August, 1865, by Henry L. Bacho, against Frederic K. Scbeible; and sought tbe cancellation of a mortgage, and of tbe .note which it was given to secure; or a redemption under tbe mortgage, in tbe event it should be held valid, and an account ; also, an injunction of an action at law, which the defendant had instituted to recover the possession of the…
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Appeal from tbe Chancery Court at Mobile. Heard before tbe Hon. N. W. Cocke. The bill in this case was filed, on the 31st August, 1865, by Henry L. Bacho, against Frederic K. Scbeible; and sought tbe cancellation of a mortgage, and of tbe .note which it was given to secure; or a redemption under tbe mortgage, in tbe event it should be held valid, and an account ; also, an injunction of an action at law, which the defendant had instituted to recover the possession of the mortgaged premises, and general relief. The mortgage, which was made an exhibit to the bill, was executed by said Henry L.…
1Opinion of the CourtA. J. Walker, C. J.
The complainant filed his bill in this case, praying alternative reliefs. The reliefs alternatively prayed were — that a mortgage on land, given by him, should be set aside, upon the ground that it was void, because it was predicated upon the loan of Confederate treasury-notes ; or that he should be permitted to redeem, upon payment of the value of the Confederate treasury-notes, the loan of which was secured by the mortgage, or upon the payment of such sum as the court may direct. The chancellor granted a redemption, upon payment of the value of the Confederate treasury-notes ; and the…
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