Martin v. Mohr
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. H. Ausplll. The bill in this case was filed on the 1st November, 1875, by James Martin, against Michael Mohr; and sought to enjoin a sale of certain personal property under a power contained in a mortgage, and to establish an equitable set-off against the mortgage debt, under the facts stated • in the opinion of the court.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. H. Ausplll. The bill in this case was filed on the 1st November, 1875, by James Martin, against Michael Mohr; and sought to enjoin a sale of certain personal property under a power contained in a mortgage, and to establish an equitable set-off against the mortgage debt, under the facts stated • in the opinion of the court. The chancellor refused to allow an amendment of the bill, which was proposed at the hearing, and dismissed the bill for want of equity; and his decree is now assigned as error. The chancellor had no…
1Opinion of the CourtManning, J.
Appellant, in his bill as complainant below, shows that, in April, 1875, he executed a mortgage of certain live stock, and of crops to be made that year, to secure repayment on the 1st of October afterwards, to appellee, of money borrowed of him; and the instrument confers on the mortgagee a power to sell the mortgaged property to discharge the debt, if it be not paid at maturity. On the 26th of October, the debt being past due and unpaid, appellant purchased of one J. W. Hale, and obtained by assignment from him, a claim he had against appellee for goods the latter had purchased of Hale. On…
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- Watts & Son v. SayreSupreme Court of Alabama · 1884
- Stewart v. BurginSupreme Court of Alabama · 1929
- Dunham Lumber Co. v. HoltSupreme Court of Alabama · 1899
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