Union Baptist Church v. Roper
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by William H. Roper against the Union Baptist Church of Mobile, and others, to foreclose an unrecorded mortgage alleged to have been destroyed by fire. Decree for complainant and respondents appeal.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by William H. Roper against the Union Baptist Church of Mobile, and others, to foreclose an unrecorded mortgage alleged to have been destroyed by fire. Decree for complainant and respondents appeal. Reversed and rendered. . The same measure of proof is required here as would be required in a bill to reform the instrument, or to establish it as a lost instrument. — Shorter v. Shepherd, 33 Ala. 468; Loftin v. Loftin, 96 N. C. 94; Elyton L. Go. v. Denny, 108 Ala. 562. The evidence is insufficient to find that the…
1Opinion of the Court
de GRAFFENRIED, J.
This bill was filed on January 10, 1910, by Wm. H. Roper against the Union Baptist Church of Mobile, and sought the foreclosure of a mortgage which the complainant alleges was executed and delivered to him by the respondent on or about June 20, 1890, to secure an alleged indebtedness of $500. The bill alleges that the respondent made to the complainant 10 notes of $50 each, the first note maturing-90 days after its date, and the other 9 maturing successively 90 days after the maturity of the previous note, and that said mortgage was executed to secure the payment of said…
2Cases cited1 opinion
- Shorter v. SheppardSupreme Court of Alabama · 1859
3Cited by5 opinions
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- Plann v. MorrisSupreme Court of Alabama · 1940
- Sorrells v. ColeSupreme Court of Alabama · 1937