Carroll v. Henderson
Supreme Court of Alabama
Appeal from Coffee Cbancery Court. Heard before Hon. W. R. Chapman. Bill by J. W. Carroll against J. E. Henderson, to cancel mortgages because of payment of the debt and because the debt was infected with usury, and for an accounting, and in the alternative ■ for redemption by payment of any balance due. From a judgment for defendant, complainant appeals.
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Appeal from Coffee Cbancery Court. Heard before Hon. W. R. Chapman. Bill by J. W. Carroll against J. E. Henderson, to cancel mortgages because of payment of the debt and because the debt was infected with usury, and for an accounting, and in the alternative ■ for redemption by payment of any balance due. From a judgment for defendant, complainant appeals. One allegation of the bill is that complainant has paid the principal of his debt to J. E. Henderson, and that, excluding usurious interest, he is not now indebted to said J. E. Henderson in any amount whatever. The bill was filed November…
1Opinion of the Court
SOMERVILLE, J.(1) When complainant filed bis original bill of complaint, tbe chancery court acquired full jurisdiction of tbe cause for tbe purposes set forth. “It is of no consequence that a foreclosure under tbe power contained in tbe mortgage has been bad since tbe filing of tbe bill. Tbe equity of redemption and tbe right of its enforcement by bill in chancery, under tbe facts alleged, existed at tbe date of tbe filing of tbe bill; and, this being true, it is not within tbe power of tbe mortgagee to impair such right by any subsequent act of foreclosure under tbe power contained in tbe…
2Cases cited15 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Way v. MullettMassachusetts Supreme Judicial Court · 1886
- Wittmeier v. TidwellSupreme Court of Alabama · 1906
- Coxe v. Huntsville Gas Light Co.Supreme Court of Alabama · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Hunter-Benn Co. Company v. Bassett Lumber Co.Supreme Court of Alabama · 1932
- Ezzell v. First Nat. Bank of RussellvilleSupreme Court of Alabama · 1928
- Danes v. SmithNew Jersey Superior Court Appellate Division · 1954
- Pattillo v. TuckerSupreme Court of Alabama · 1927
- Rice v. DavidsonSupreme Court of Alabama · 1921
27 more not listed; retrieve them via the Exa API.