Cummings v. May
Supreme Court of Alabama
Appeal from the Chancery Court of .Hale. Heard before the Hon. William H. Tayloe. The facts of the case are sufficiently stated in the opinion. The decree last rendered by the chancellor improperly fixes the lien of the complainants, and they are thereby deprived of much of the security to which they were entitled by law. Howell v. Beams, 73 N. C. 391; Watts v. Eufaula Nat.
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Appeal from the Chancery Court of .Hale. Heard before the Hon. William H. Tayloe. The facts of the case are sufficiently stated in the opinion. The decree last rendered by the chancellor improperly fixes the lien of the complainants, and they are thereby deprived of much of the security to which they were entitled by law. Howell v. Beams, 73 N. C. 391; Watts v. Eufaula Nat. Bank, 76 Ala. 474; Dallas County v. Timberlalce, 54 Ala. 412; 1 Brandt on Suretyship & Guarranty; §§ 269, 274. It is nowhere shown that the payment of November 1, 1882 was made with money collected by Britton of taxes for…
1Opinion of the CourtHaralson, J.
The original bill was filed in this case in the Hale county chancery court, on the 17th March, 1884, by Cummings, Kinnard and others, who were sureties on the official bond of W. G. Britton, tax collector of said county of Piale, against T. T. May, who was a co-surety with them on said bond; and alleges that on the 25th of October, 1883, a judgment was rendered, in the circuit court of Hale county, against the said Britton and themselves, in favor of the State of Alabama, for the.sum of $4,224.31 and costs, and that, on the 11th October, 1883, a judgment was rendered in said circuit court…
2Cases cited3 opinions
- Knighton v. CurrySupreme Court of Alabama · 1878
- Cummings v. MaySupreme Court of Alabama · 1890
- Baker v. SchuesslerSupreme Court of Alabama · 1888
3Cited by7 opinions
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Cox v. BrownSupreme Court of Alabama · 1916
- County Court of Calhoun County v. MathewsWest Virginia Supreme Court · 1925
- Van Schaick v. GoodwynSupreme Court of Alabama · 1935
- Yarbrough v. HightowerSupreme Court of Alabama · 1924
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