Brackin v. Owens Horse & Mule Co.
Supreme Court of Alabama
Appeal from Henry Chancery Court. Heard before Hon. W. R. Chapman. Bill by the Owens Horse & Mule Company against S. R. Brackin, to foreclose a mortgage. Decree for complainant, and respondent appeals.
1Opinion of the CourtMayfield, J.
This is a bill to foreclose a'mortgage. The bill alleges the mortgage, to have been given to secure the purchase price of one mule sold by the mortgagee to the mortgagor, and that the price of the mule was $290, as evidenced by a note *580and the mortgage sought to be foreclosed. The bill, also alleges the payment of $190 on the note and mortgage debt before the filing of the bill.
The answer, in short, admits the sale of the mule, and the execution of the note and mortgage, but denies that the price was $290, alleging that it was, instead, $190, and that this amount was paid as stated. The answer…
2Cases cited4 opinions
- Pearson v. ThomasonSupreme Court of Alabama · 1849
- Hanson v. ToddSupreme Court of Alabama · 1891
- Barron v. VandvertSupreme Court of Alabama · 1848
- Odom v. MooreSupreme Court of Alabama · 1906
3Cited by15 opinions
- Wright v. McCordSupreme Court of Alabama · 1920
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- Boohaker v. TrottSupreme Court of Alabama · 1962
- Hamilton v. EdmundsonSupreme Court of Alabama · 1937
- Brown v. Lowndes CountySupreme Court of Alabama · 1918
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