Chambers v. Powell

• Citation: 39 So. 919
• Parties: CHAMBERS v. POWELL ET AL.
• Decision Date: 30 June 1905
• Court: Supreme Court of Alabama

39 So. 919

CHAMBERS v. POWELL ET AL.

Supreme Court of Alabama

June 30, 1905

Appeal from Chancery Court, Marshall County; William H. Simpson, Chancellor.

"Not officially reported."

Suit by David L. Chambers, as administrator, against William T. Powell and others. From a decree in favor of defendants, complainant appeals. Affirmed.

J. A. Lusk, for appellant.

Edgar O. McCord, for appellees.

TYSON, J.

The bill in this cause was filed to foreclose a mortgage on land. The defense interposed is that the mortgage was without consideration. The notes which the mortgage was given to secure import a consideration on their face, and make out a prima facie case for complainant, casting the burden on the mortgagor of overcoming it. We are of opinion that this burden has been sustained, and that the preponderance of the evidence supports the defense of want of consideration.

Affirmed.

McCLELLAN, C.J., and SIMPSON and ANDERSON, JJ., concur.