# Pollak v. Millsap

> Supreme Court of Alabama · November 15, 1928 · 219 Ala. 273

URL: https://www.frixlaw.com/law-library/cases/3238812

## Case

- **Full name:** POLLAK Et Al. v. MILLSAP Et Al.
- **Court:** Supreme Court of Alabama
- **Decided:** November 15, 1928
- **Citations:** 219 Ala. 273; 122 So. 16; 65 A.L.R. 110; 1928 Ala. LEXIS 391
- **Precedential status:** Published
- **Opinion:** Dissent by Anderson
- **Judges:** Anderson, Bouddin, Bouldin, Foster, Gardner, Saxre, Thomas
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3238812

## How later opinions describe it (automated extraction)

- holding that transaction involving loan of money se cured by deed is enforceable as mortgage, not a conditional sale

## Opinion text

ANDERSON, O. J.
(dissenting): I think that, while the note, as set out in the bill, carries a debt from the complainants to Brown, the further provision, as incorporated therein, manifested a clear intention that the debt was to be canceled and satisfied by the-delivery of the deed, which was held by the bank in
escrow.
The deed was so delivered, and Brown clearly has no right to pursue the complainants for the debt, or any part thereof. This being the case,1 the transaction was a conditional sale, pure and simple, and the title vested in Brown, or his assignee, when the deed was delivered.
THOMAS, J., concurs in the foregoing dissént.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3238812. Public record. Not legal advice.