Roulhac v. Jones
Supreme Court of Alabama
Appeal from the Chancery Court of Hale. Heard before the Hon. Tiiomas Cobbs. The bill in this case was filed on the 23d August, 1883, by Tilomas R. Roulhac, against Allen C. Jones and others; and sought the foreclosure of a mortgage, a copy of which was made an exhibit to the bill.
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Appeal from the Chancery Court of Hale. Heard before the Hon. Tiiomas Cobbs. The bill in this case was filed on the 23d August, 1883, by Tilomas R. Roulhac, against Allen C. Jones and others; and sought the foreclosure of a mortgage, a copy of which was made an exhibit to the bill. The mortgage, which was dated June 4th, 1872, was given by said Jones to secure the payment of his-five notes, each for $1,895.07, payable to said Roulhac, as guardian of several infants, on the 1st January, 1875; each note being for the amount of a decree rendered by the Probate Court against the said Jones, in…
1Opinion of the CourtClopton, J.
It may be regarded as settled, that in this State two different theories of a mortgage are recognized, dependent upon the forv/m — one which prevails in a court of law, and another in a court of equity. The relations of the mortgagor and mortgagee, and their rights as between themselves, are considered differently, according to the rules and practice of the court in which they are adjudicated.
At law, a mortgage of lands vests-in the mortgagee a legal estate in presentí, with a condition, b.y which it may be defeated. After the law-day, the condition being unperformed, the estate is relieved…
2Cases cited6 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Scott v. WareSupreme Court of Alabama · 1880
- Toomer v. RandolphSupreme Court of Alabama · 1877
- Daniel v. CokerSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Francis v. WhiteSupreme Court of Alabama · 1909
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
- Francis v. WhiteSupreme Court of Alabama · 1910
- Williams v. NolandSupreme Court of Alabama · 1920
- Lord v. BlueSupreme Court of Alabama · 1917
4 more not listed; retrieve them via the Exa API.