Caldwell v. Caldwell
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by E. H. Caldwell against S1. A. Caldwell to enjoin the execution of a power of sale contained in a mortgage until an unliquidated demand due from respondent to complainant could be ascertained and set off. Judgment for respondent and complainant appeals. Counsel discuss assignments of error and insist that appellant has offered to do the right thing, and that appellee should be willing to do likewise.
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Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by E. H. Caldwell against S1. A. Caldwell to enjoin the execution of a power of sale contained in a mortgage until an unliquidated demand due from respondent to complainant could be ascertained and set off. Judgment for respondent and complainant appeals. Counsel discuss assignments of error and insist that appellant has offered to do the right thing, and that appellee should be willing to do likewise. Counsel cites no authority in support of his contention that the court erred in the judgment rendered. No ground for…
1Opinion of the CourtSayre, J.
This is a case in which the complainant •sought to enjoin the foreclosure of a mortgage under a power of sale in order that he might have the benefit of the set-off of an unliquidated demand against the mortgagee, and is to be settled upon familiar principles of equity jurisdiction. Complainant and defendant are brother and sister, living under the same roof on the mortgaged property, and some ethical reasons are suggested which possibly ought to have consideration by the complainant before a foreclosure is insisted on, but there is no showing of grounds for interference cognizable in a court…
2Cases cited5 opinions
- Glover v. HembreeSupreme Court of Alabama · 1886
- Vaughan v. MarableSupreme Court of Alabama · 1879
- Gafford v. Proskauer & Co.Supreme Court of Alabama · 1877
- Struve v. ChildsSupreme Court of Alabama · 1879
- Knight v. DraneSupreme Court of Alabama · 1884
3Cited by17 opinions
- Lee v. MacOn County BankSupreme Court of Alabama · 1937
- Greil Bros. Co. v. McLainSupreme Court of Alabama · 1916
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Castleman v. KnightSupreme Court of Alabama · 1927
- First Nat. Bank of Birmingham v. FormanSupreme Court of Alabama · 1935
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