Dreyspring v. Loeb
Supreme Court of Alabama
Bill in Equity for the Foreclosure of a Mortgage and the Appointment of a Receiver. Appeal from the City Court of Montgomery, in Equity. The bill in this case was filed on the 29th of January, 1894, by Leon Loeb, to foreclose two mortgages in said bill set out; one made to him by Elias Judkins and wife, to secure a loan made to said Elias Judkins by Leon Loeb, and the other held by transfer and assignment from the British American Mortgage Company.
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Bill in Equity for the Foreclosure of a Mortgage and the Appointment of a Receiver. Appeal from the City Court of Montgomery, in Equity. The bill in this case was filed on the 29th of January, 1894, by Leon Loeb, to foreclose two mortgages in said bill set out; one made to him by Elias Judkins and wife, to secure a loan made to said Elias Judkins by Leon Loeb, and the other held by transfer and assignment from the British American Mortgage Company. Pending the foreclosure proceedings, Elias Judkins died and the cause was revived against his administrator, A. T. Dreyspring. The wife, Addie,…
1Opinion of the CourtBrickell, C. J.
The act of the General Assembly, approved February 18th, 1895, declares, the chancellor, judge, or register, to whom an application is made for the appointment of a receiver, before making such appointment, “must require the complainant to enter into bond in a sum as such chancellor, judge, or register may prescribe, payable to, and with good and sufficient sureties, to be approved by the register of the court in which the suit is pending, with condition to pay all damages which any person may sustain by the appointment of the receiver, if such appointment is vacated.” It is further declared,…
2Cases cited1 opinion
- Capital City Water Co. v. WeatherlySupreme Court of Alabama · 1895
3Cited by6 opinions
- Strother v. McCordSupreme Court of Alabama · 1931
- Ryan v. MurphyCalifornia Court of Appeal · 1919
- David v. Levy & SonsSupreme Court of Alabama · 1898
- Fowler v. JohnsonSupreme Court of Alabama · 1938
- Engle v. BronaughSupreme Court of Alabama · 1923
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