Hieronymus Bros. v. Glass
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hou. William H. Tayloe. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Mobile. Heard before the Hou. William H. Tayloe. The facts of the case are sufficiently stated in the opinion. The jurisdiction of our courts of chancery to declare a deed absolute on its face, to be a mortgage, by w,ay of enforcing a parol agreement that it should so operate, is of such long standing in this State that it is only necessary to cite some of the cases. — Chapman v. Hughes, 14 Ala. 218 ; Reeves v Abercrombie, 108 Ala. 538. This general doctrine is not, we believe, denied, but it is insisted that its application has been limited to conveyances…
1Opinion of the CourtColeman, J.
We will not undertake to set out all the averments of the bill in detail; but will make such statement as will fairly present the legal, question involved in the appeal.
Hieronymous Bros. held the written agreement of the Alabama Land & Development Company, to, convey by deed to them a certain described parcel of land, upon the payment of the purchase money for the land, evidenced by three certain promissory notes and described in said agreement between Hieronymous Bros, and said company. In pursuance of their contract of purchase, Hieronymous Bros. paid a part of the purchase money.…
2Cases cited4 opinions
- Moseley v. MoseleySupreme Court of Alabama · 1888
- Downing v. Woodstock Iron Co.Supreme Court of Alabama · 1890
- Parmer's Adm'r v. ParmerSupreme Court of Alabama · 1889
- Hughes v. McKenzieSupreme Court of Alabama · 1893
3Cited by3 opinions
- Glass v. Hieronymus Bros.Supreme Court of Alabama · 1899
- Hooper v. ReedSupreme Court of Alabama · 1924
- Shreve v. McGowinSupreme Court of Alabama · 1904