Davies v. Simpson
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; B. C. Briekell, Judge. Action by Bessie H. Davies against E. L. 'Simpson and others. From an order sustaining demurrers to amended bill, plaintiff appeals.
1Opinion of the CourtMcOLELLAN, J.
[1, 2] The appellant, complainant, filed this bill against B. L. Simpson, the Tennessee Valley Bank, a corporation, and her husband, W. S. Davies. The court sustained demurrers to the amended bill; and the appeal is from that decree. The relief the complainant desires is the cancellation of a mortgage to Simpson on the real estate of the complainant; the contention being that the mortgage was given, in opposition to the statute (Code, § 4497), to secure the debt of the complainant’s husband, W. S. Davies, to Simpson, which, with the several notes for this indebtedness, Simpson has assigned to…
2Cases cited10 opinions
- Rouse v. Wooten.Supreme Court of North Carolina · 1906
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
- Scott v. TaulSupreme Court of Alabama · 1896
- Vogler v. MansonSupreme Court of Alabama · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
- Fortson v. BishopSupreme Court of Alabama · 1920
- United States Finance Company v. JonesSupreme Court of Alabama · 1969
- Birmingham Trust & Savings Co. v. HowellSupreme Court of Alabama · 1918
- Herron Motor v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1933
5 more not listed; retrieve them via the Exa API.