First Nat. Bank v. McIntosh
Supreme Court of Alabama
Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Bill in equity by A. McIntosh against the First National Bank of New Brockton and another, to require it to surrender and deliver up a deed for cancellation, and to declare void and canceled a mortgage to the First National Bank executed by M. L. Smith, formerly McIntosh, so far as the lands therein described are concerned. From a decree for complainant, the named respondent appeals.
1Opinion of the CourtThomas, J.
The bill was filed by a grantor against the grantee in a deed and her mortgagee, praying the cancellation of the deed and mortgage for failure of compliance with the conditions contained in the deed. Respondents interposed demurrer, assigning as a ground thereof that the bill was without equity. The demurrer being overruled, an appeal was taken by the mortgagee, 'and the decree on demurrer is made the basis of appropriate assignment of error.
That a court of equity has jurisdiction appropriate here has been declared by this court. Shannon v. Long, 180 Ala. 128, 134, 60 South. 273; Seaboard A.…
2Cases cited36 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- James v. JamesSupreme Court of Alabama · 1876
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Bell County v. AlexanderTexas Supreme Court · 1858
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3Cited by34 opinions
- Craig v. RootSupreme Court of Alabama · 1946
- Third National Bank & Trust Co. v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1945
- Porter v. HendersonSupreme Court of Alabama · 1919
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Poka v. HoliHawaii Supreme Court · 1960
29 more not listed; retrieve them via the Exa API.