Hopper v. Harris

Supreme Court of Alabama

Hopper v. Harris

80 So. 893, 202 Ala. 698

Supreme Court of Alabama·Decided February 6, 1919·No. 7 Div. 968.·Published

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.

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

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