Johnson v. South

Supreme Court of Alabama

Johnson v. South

89 So. 270, 206 Ala. 109, 1921 Ala. LEXIS 28

CourtSupreme Court of Alabama

DecidedMay 19, 1921

Docket6 Div. 424.

StatusPublished

This text of 89 So. 270 (Johnson v. South) 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

Johnson v. South, 89 So. 270, 206 Ala. 109, 1921 Ala. LEXIS 28 (Ala. 1921).

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Opinion

McCLELLAN, J.

The complainant (appellant) sought to have an instrument, in form a regular deed, executed by complainant to respondent (appellee), declared a mortgage. The court denied the relief. To entitle a complainant to such relief, the evidence conducing to a conclusion favorable thereto must be clear, unequivocal, and convincing. Rodgers v. Burt, 157 Ala. 91, 93, 47 South. 226, among others. See elaborate annotations in L. R. A. 1916B, 193-196. In this cause the evidence is in inexplicable conflict between the parties. The requisito certainty of conviction that the parties intended, contemporaneously, the creation of a security for a debt ratber than a sale outright, is not afforded by the evidence. The complainant did not meet the measure of proof required of him. The decree denying relief was hence well render^..

Affirmed.

ANDERSON, O. J., and SOMERVILLE and THOMAS, JJ., concur.

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McCLELLAN, J.

The complainant (appellant) sought to have an instrument, in form a regular deed, executed by complainant to respondent (appellee), declared a mortgage. The court denied the relief. To entitle a complainant to such relief, the evidence conducing to a conclusion favorable thereto must be clear, unequivocal, and convincing. Rodgers v. Burt, 157 Ala. 91, 93, 47 South. 226, among others. See elaborate annotations in L. R. A. 1916B, 193-196. In this cause the evidence is in inexplicable conflict between the parties. The requisito certainty of conviction that the parties intended, contemporaneously, the creation of a security for a debt ratber than a sale outright, is not afforded by the evidence. The complainant did not meet the measure of proof required of him. The decree denying relief was hence well render^..

Affirmed.

ANDERSON, O. J., and SOMERVILLE and THOMAS, JJ., concur.

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89 So. 270, 206 Ala. 109, 1921 Ala. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-south-ala-1921.

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