Toomer, Sykes & Billups v. Rutland
Supreme Court of Alabama
Appeal from Chancery Court of Bullock. Heard before the Hon. N. S. GRAHAM. The chancellor, in tbe final consideration of the case, decreed and ordered that the bill be dismissed; and his decree-1 is now assigned as error. The opinion of the court, with the abstracts of briefs of counsel, give a clear idea of the facts of the case. 1. There was no alteration in thé note.
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Appeal from Chancery Court of Bullock. Heard before the Hon. N. S. GRAHAM. The chancellor, in tbe final consideration of the case, decreed and ordered that the bill be dismissed; and his decree-1 is now assigned as error. The opinion of the court, with the abstracts of briefs of counsel, give a clear idea of the facts of the case. 1. There was no alteration in thé note. The proof was that on the 30th May, 1872, C. L. Croft wrote to complainants on behalf of Mrs. Rutland, that she wanted to borrow, for four or five months, $1,500, by “ giving a mortgage on her plantation ” and growing crop,…
1Opinion of the CourtBrickell, C. J.
The primary object of the bill is the foreclosure of a mortgage on certain lands, executed by the .appellee, Elizabeth A. Butland, to the appellants, bearing ■ date 10th day of June, 1872, to secure the payment of a promissory note made by her, payable to them on the first ■ day of November, 1872, for the sum of fifteen hundred and eighty-eight 14-100 dollars. The mortgagor answers, and pleads non est factum. The averments of the answer in support of the plea, are, that the note was without the consent of the mortgagor, after it was made and delivered to appellants, altered by the insertion…
2Cases cited9 opinions
- Wood v. SteeleSupreme Court of the United States · 1867
- Nazro v. FullerNew York Supreme Court · 1840
- White v. HassSupreme Court of Alabama · 1858
- Bruce v. WestcottNew York Supreme Court · 1848
- Davis v. CarlisleSupreme Court of Alabama · 1844
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3Cited by13 opinions
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- Ruwaldt v. W. C. McBride, Inc.Illinois Supreme Court · 1944
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