Cudd v. Reynolds
Supreme Court of Alabama
Appeal from Cullman Chancery Court. Heard, before Hon. W. H. Simpson. Bill by Y. A. Reynolds against J. J. Cudd to- cancel certain mortgages. Decree overruling demurrer to the bill, and respondent appeals.
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Appeal from Cullman Chancery Court. Heard, before Hon. W. H. Simpson. Bill by Y. A. Reynolds against J. J. Cudd to- cancel certain mortgages. Decree overruling demurrer to the bill, and respondent appeals. The bill alleges that complainant was seised and possessed of certain described real estate, and that on February 22, 1910, without any valuable consideration, she with her husband signed two mortgage deeds in certain sums conveying said lands to respondent, and that her husband joined in the execution of said mortgages, which were retained by respondent, and recorded in a certain book in…
1Opinion of the Court
McCLELLAN, J. —
The decree overruling the demurrer was rendered March 6, 1913. The appeal was taken April 4, 1913; and was returnable the first Monday beyond 20 days after April 4, 1913. — Code, § 2870. The cause was, for the first time, docketed in this court November 24, 1913, during the next term succeeding, beyond final adjournment, that in which the-appeal was taken, viz., 1912-13. The spring call of the docket of the Si-xth division for the term 1912-13 was April 21, 1913. It thus appears the final appeal was not returnable until after the Monday opening the call of the Sixth division,…
2Cases cited5 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Gregory v. StetsonSupreme Court of the United States · 1890
- Porter v. MartinSupreme Court of Alabama · 1903
- Southern Ry. Co. v. Abraham Bros.Supreme Court of Alabama · 1909
- McGlathery v. Richardson Bros. & Co.Supreme Court of Alabama · 1900
3Cited by14 opinions
- Jacobs v. Goodwater Graphite Co.Supreme Court of Alabama · 1920
- Marx v. LiningSupreme Court of Alabama · 1935
- McCoy v. WynnSupreme Court of Alabama · 1926
- Franks v. City of JasperSupreme Court of Alabama · 1953
- White v. StateAlabama Court of Appeals · 1915
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