Lyons v. Jacoway
Supreme Court of Alabama
Appeal from Circuit Court, Dekalb County ; W. W. Harralson, Judge. Bill by R. F. Lyons and another against W. Y. Jacoway. Prom a decree denying relief,' complainants appeal.
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Appeal from Circuit Court, Dekalb County ; W. W. Harralson, Judge. Bill by R. F. Lyons and another against W. Y. Jacoway. Prom a decree denying relief,' complainants appeal. A sufficient tender was made. 165 Ala. 206, 51 South. 744. The whole decree was erroneous under the facts of the case. 132 Ain. 128, 31 South. 92; 186 Ala. 514, 65 South. 151; 200 Ala. 377, 76 South. 293; 199 Ala. 566, 75 South. 1; 176 Ala. 122, 57 South. 472 ; 95 Ala: 463, 10 South. 638; 180 Ala. 8, 60 South. 98; 199 Ala. 101, 74 South. 239. The complainants did not make a proper tender. 38 Cyc. 178; 103 Ala. 481,15…
1Opinion of the CourtGardner, J.
Appellants filed this bill against the appellee to redeem certain lands from a mortgage executed by them to one J. Cunningham, which mortgage was transferred to the respondent.
It was the insistence of complainants that they had made a partial payment upon this mortgage to Cunningham, and had an understanding that the indebtedness would be carried for another year, and that immediately upon learning of the transfer to the respondent they tendered him the full amount' due thereon, which was refused. The question of tender therefore is the only matter here presented for consideration. Upon…
2Cases cited7 opinions
- Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
- Carroll v. HendersonSupreme Court of Alabama · 1915
- Tompkins v. DrennenSupreme Court of Alabama · 1891
- Fair v. CummingsSupreme Court of Alabama · 1916
- Johnson v. SmithSupreme Court of Alabama · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Twickenham Station, Inc. v. BeddingfieldSupreme Court of Alabama · 1981
- Hamilton v. BurgessSupreme Court of Alabama · 1936
- Kennedy v. SorsbySupreme Court of Alabama · 1923