Hopper v. Harris

Supreme Court of Alabama

Hopper v. Harris

80 So. 893, 202 Ala. 698

CourtSupreme Court of Alabama

DecidedFebruary 6, 1919

Docket7 Div. 968.

StatusPublished

This text of 80 So. 893 (Hopper v. Harris) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hopper v. Harris, 80 So. 893, 202 Ala. 698 (Ala. 1919).

Pincite

Opinion

ANDERSON, C. J.

It is questionable as to whether or not the mortgage in question was given for a legal consideration; but, conceding that it was, the weight of the evidence shows that it was surrendered and satisfied by the mortgagee to the mortgagor before the death of the latter, and the tr-ial court did not err in dismissing complainant’s bill seeking a foreclosure of said mortgage. The decree of the circuit court is affirmed.

Affirmed.

MAYFIELD, SOMERVILLE, and THOMAS, JJ., concur.

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ANDERSON, C. J.

It is questionable as to whether or not the mortgage in question was given for a legal consideration; but, conceding that it was, the weight of the evidence shows that it was surrendered and satisfied by the mortgagee to the mortgagor before the death of the latter, and the tr-ial court did not err in dismissing complainant’s bill seeking a foreclosure of said mortgage. The decree of the circuit court is affirmed.

Affirmed.

MAYFIELD, SOMERVILLE, and THOMAS, JJ., concur.

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Bluebook (online)

80 So. 893, 202 Ala. 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopper-v-harris-ala-1919.