Moses Bros. v. Home Building & Loan Ass'n
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed by the Home Building & Loan Association against Moses Bros., J. R. Adams, W. R. Nalls, and certain judgment creditors of said "W. R. Nalls; and prayed to have foreclosed two mortgages.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed by the Home Building & Loan Association against Moses Bros., J. R. Adams, W. R. Nalls, and certain judgment creditors of said "W. R. Nalls; and prayed to have foreclosed two mortgages. The two mortgages which were sought to be foreclosed by the plaintiffs, were executed by Nalls, one on January 9,1885, and the other on J une 6, 1888. Upon the final hearing of the cause on pleadings and proof, the chancellor decreed a sale of the property, and that out of the proceeds thereof,…
1Opinion of the CourtStone, C. J.
The real question of merit in this case is that of priority and order of lien of the various creditors, on the real property which is the subject of the suit. Moses Brothers, J. R. Adams and Home Building and Loan Association are mortgagees of the property their mortgages bearing date in the order stated. The other contesting *467claimants are judgment creditors, who assert no claim of lien on the property by virtue of any contract made. Their claims rest in part on judgments recovered and recorded, and in part on executions issued and placed in the hands of the sheriff. They do not claim, or…
2Cases cited19 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Fenno v. SayreSupreme Court of Alabama · 1842
- Butts v. BroughtonSupreme Court of Alabama · 1882
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3Cited by15 opinions
- Nance v. GraySupreme Court of Alabama · 1904
- First Nat. Bank of Opp v. BolesSupreme Court of Alabama · 1936
- Eslava v. New York National Building & Loan Ass'nSupreme Court of Alabama · 1898
- Bernheimer v. GraySupreme Court of Alabama · 1917
- Hodges v. WestmorelandSupreme Court of Alabama · 1923
10 more not listed; retrieve them via the Exa API.