Daniels v. Lowery
Supreme Court of Alabama
Appeals from the Chancery Court of Crenshaw. Heard before the Hon. John A Foster. These two causes were submitted together — the facts and the grounds of relief being substantially the same in both causes.
Read the full summary
Appeals from the Chancery Court of Crenshaw. Heard before the Hon. John A Foster. These two causes were submitted together — the facts and the grounds of relief being substantially the same in both causes. The bills were tiled by Robert Lowery and Peter Lowery, respectively, against W. J. Daniels; and sought to have deeds, which were absolute in form, declared mortgages, and to allow the mortgagors, who were the complainants, respectively, to come in and redeem the land so conveyed. Each bill alleged tliat the complainant therein borrowed a certain amount of money from the defendant, for…
1Opinion of the CourtColeman, J.
The two bills were filed for the same purpose, namely, to have deeds which are absolute iix terms, declared to be mortgages. The evidence in the two cases is very similar; many of the same witnesses are examined in both cases; the parties are represented by the same counsel, and they respectively ask that the briefs filed in one case be considex’ed as the bi'iels for the other, and that the cases be coxxsidered together.
Ixx the case of Robert Loweiy, both he and his wife testify positively, that it was understood and agreed that the deed should stand as a mortgage to secure the loan of two…
2Cases cited3 opinions
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Logwood v. HusseySupreme Court of Alabama · 1877
- Motes v. CarterSupreme Court of Alabama · 1883
3Cited by16 opinions
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Edinburgh American Land Mortgage Co. v. PeoplesSupreme Court of Alabama · 1893
- Shelley v. ByersCalifornia Court of Appeal · 1925
- Hammond v. ShippSupreme Court of Alabama · 1974
11 more not listed; retrieve them via the Exa API.