Curry v. American Freehold Land Mortgage Co.
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before lion. H. C. Speake. Suit on injunction bond by the American Freehold Land Mortgage Company against B. J. Curry and others. The case is clearly stated in the opinion.
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Appeal from Madison Circuit Court. Tried before lion. H. C. Speake. Suit on injunction bond by the American Freehold Land Mortgage Company against B. J. Curry and others. The case is clearly stated in the opinion. (1). The recovery of fees is limited to fees for services in dissolving the injunction and does not extent to other services in the suit. — Boling v. Tate, 65 Ala. 417. (2). Where the injunction is merely auxiliary to the main object of the suit and no effort is made to get rid of the injunction before final hearing, and the injunction is dissolved on final hearing because…
1Opinion of the CourtSharpe, J.
— The plaintiff holding a mortgage executed by the defendant Curry and his wife on certain lands including their homestead, was proceeding to foreclose under a power when the mortgagors filed a bill alleging that the homestead was included by mistake, and praying a cancellation of the mortgage, and for an injunction to restrain the sale. The sale of the homestead tract was enjoined on the execution of the bond here sued on. The remaining lands were sold under the power and were bought by the plaintiff, who thereupon filed an answer to the bill and made it a cross-bill to com*616pel tlie Currys to…
2Cases cited2 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Jackson v. MillspaughSupreme Court of Alabama · 1893
3Cited by7 opinions
- Pelkey v. National Surety Co.Supreme Court of Minnesota · 1919
- Fidelity & Deposit Co. v. WalkerSupreme Court of Alabama · 1909
- McGraw v. LittleSupreme Court of Alabama · 1917
- State v. NashWest Virginia Supreme Court · 1913
- United States Fidelity & Guaranty Co. v. International Brotherhood of Teamsters, Local No. 612Alabama Court of Appeals · 1960
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