Supreme Court of Alabama, 1919

Hopper v. Harris

Hopper v. Harris
Supreme Court of Alabama · Decided February 6, 1919 · Anderson, Mayfield, Somerville, Thomas
80 So. 893; 202 Ala. 698 (Southern Reporter)

Hopper v. Harris

Opinion of the Court

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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