Cosby v. Buchanan
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Foster. The bill in this case was filed by appellee, George N. Buchanan, against Jane F. Cosby, the widow of A. Y. Cosby, deceased, and the executrix of his will and devisee thereunder. The material facts, under the view of the case taken by this court, are stated in the opinion. The defeasance must be contemporaneous with the mortgage, unless supported by a new consideration. — 2 Brick.
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Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Foster. The bill in this case was filed by appellee, George N. Buchanan, against Jane F. Cosby, the widow of A. Y. Cosby, deceased, and the executrix of his will and devisee thereunder. The material facts, under the view of the case taken by this court, are stated in the opinion. The defeasance must be contemporaneous with the mortgage, unless supported by a new consideration. — 2 Brick. Dig., 272, § 321. The tests to distinguish a conditional sale from a mortgage are laid down in Eilcind v. Radford, 7 Ala. 724; Williumson…
1Opinion of the CourtClopton, J.
— Appellee files the bill to redeem real estate, situate in Troy, which he conveyed March 6, 1882, by absolute deed to A. Y. Cosby, in consideration of two thousand dollars, on the alleged ground that the conveyance was intended to operate as a mortgage. The record raises an unmixed question of fact. It is undisputed that prior to, and at the time of the making of the deed, the grantor *576owed Cosby debts secured by mortgages on the same and other property, and other small debts unsecured, which entered into the consideration of the conveyance. Winslett, who represented a claim held by his…
2Cited by9 opinions
- Keithley v. WoodIllinois Supreme Court · 1894
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Johnson v. National Bank of CommerceWashington Supreme Court · 1911
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Jones v. GillettSupreme Court of Iowa · 1908
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