Cross v. Bank of Ensley
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Suit by Z. Cross and another against the Bank of Ensley and others to redeem from certain mortgages, with cross-bill by defendant named for foreclosure. From a decree granting relief under the cross-bill, complainants appeal. The deed or mortgage from R. C. Cross is void. 130 Ala. 393, 30 South. 553 and cases there cited. The deed or mortgage was neither properly witnessed nor acknowledged.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Suit by Z. Cross and another against the Bank of Ensley and others to redeem from certain mortgages, with cross-bill by defendant named for foreclosure. From a decree granting relief under the cross-bill, complainants appeal. The deed or mortgage from R. C. Cross is void. 130 Ala. 393, 30 South. 553 and cases there cited. The deed or mortgage was neither properly witnessed nor acknowledged. Section 3355, Code 1907; 140 Ala. 378, 37 South. 275, 1 Ann. Cas. 319. In any event the conveyance was an equitable mortgage. 155 Ala.…
1Opinion of the CourtGardner, J.
Appellant Z. Cross and his son R. C. Cross filed the original bill in this cause against the Bank of Ensley, seeking the exercise of the equity of redemption as to two certain mortgages held by said bank, one executed by Z. Cross and his wife to G. P. Martin, which the bank held as transferee, and the other executed by R. C. Cross and wife direct to said bank.
It was insisted that the complainants were entitled to certain credits which would largely reduce the debt as claimed by the respondents, and that more than 8 per cent, interest had been charged.
By an amendment to the bill the ownership…
2Cases cited8 opinions
- Austin v. BeanSupreme Court of Alabama · 1894
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Pearsall v. HydeSupreme Court of Alabama · 1914
- Woodstock Iron Co. v. RichardsonSupreme Court of Alabama · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- Majors v. KillianSupreme Court of Alabama · 1935
- Cross v. Bank of EnsleySupreme Court of Alabama · 1921
- Carpenter v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1938
14 more not listed; retrieve them via the Exa API.