Joseph v. Decatur Land, Improvement & Furnace Co.
Supreme Court of Alabama
Appeal from the City Court of Decatur. Heard before the Hon. W. H. SimpsoN. The bill in this case was filed by the appellee against the appellant to foreclose a mortgage, executed by the respondent, to secure the payment of the purchase money agreed to be paid by her for lots 5 and 6 in block 26 of complainant’s addition number 4 to Decatur.
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Appeal from the City Court of Decatur. Heard before the Hon. W. H. SimpsoN. The bill in this case was filed by the appellee against the appellant to foreclose a mortgage, executed by the respondent, to secure the payment of the purchase money agreed to be paid by her for lots 5 and 6 in block 26 of complainant’s addition number 4 to Decatur. TKe respondent by answer and pleas set up the several defenses stated in the opinion, and prayed that the said answer be taken as her cross-bill, under which she seeks relief, by the abatement of the purchase money for the damages alleged to have been…
1Opinion of the CourtMcCLELLAN, J.
This bill is filed by the Decatur Land, Improvement & Furnace Co., a corporation, against Martha E. Joseph, a married woman. It seeks the foreclosure of a mortgage executed by the respondent upon, and to secure the purchase money for, two certain town lots, which she had bought from the land company.
By answer, cross bill and pleas three lines of defense are attempted. In the first place, it is insisted that the sale to the respondent was void .for that at the time it was made the lands of which these lots were a part had not been surveyed and platted, and a plat or map thereof filed and…
2Cases cited10 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Manning v. PippenSupreme Court of Alabama · 1888
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Birmingham Warehouse & Elevator Co. v. Elyton Land Co.Supreme Court of Alabama · 1890
- Montgomery Southern Railway Co. v. MatthewsSupreme Court of Alabama · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Birmingham Broadcasting Co. v. BellSupreme Court of Alabama · 1953
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Shepherd v. KendrickSupreme Court of Alabama · 1938
- Baldwin v. McDonaldWyoming Supreme Court · 1916
- Majestic Coal Co. v. AndersonSupreme Court of Alabama · 1919
8 more not listed; retrieve them via the Exa API.