Legal Opinion

Town of Carbon Hill v. Marks

Supreme Court of Alabama

Decided May 13, 1920No. 6 Div. 924PublishedCited by 20 opinions

Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Bill by lone P. Marks against the Town of Carbon Hill and others for discovery and for an accounting and to declare and establish á superior and paramount lien on or incumbrance upon certain property conveyed by trust deed or mortgage, and for other relief. Prom a decree for complainant, the respondents appeal.

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Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Bill by lone P. Marks against the Town of Carbon Hill and others for discovery and for an accounting and to declare and establish á superior and paramount lien on or incumbrance upon certain property conveyed by trust deed or mortgage, and for other relief. Prom a decree for complainant, the respondents appeal. The warrants were not negotiable, and therefore not entitled to protection against the rights and equities that had arisen prior to the institution of this suit. 168 Ala. 239, 53 South. 84, 98 Ala. 537, 13 South. 328; 144…

1Opinion of the CourtThomas, J.

[1] The court was without authority to decree that complainant had a claim or lien superior to that of the holders of bonds of the town of Carbon Hill who were not parties to the bill. As to this, it is decreed that said lien of complainant “is superior to any other lien given since the date of said trust deed, given to secure said warrants, whether said last trust deed or lien was given to the Birmingham Trust & Savings Company as trustee, or to any other person.”

Complainant’s right, if it existed at all, rested on the mortgage of the town of Carbon Hill to Jefferson County Savings Bank,…

2Cases cited31 opinions

  1. Prout v. HogeSupreme Court of Alabama · 1876
  2. Moelle v. SherwoodSupreme Court of the United States · 1893
  3. Stone v. HaleSupreme Court of Alabama · 1850
  4. Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
  5. Clark v. ReyburnSupreme Court of the United States · 1869

26 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Hodge v. JoySupreme Court of Alabama · 1921
  2. Amann v. BurkeSupreme Court of Alabama · 1939
  3. Braley v. SpraginsSupreme Court of Alabama · 1930
  4. Silverstein v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
  5. Hope of Alabama Lodge of Odd Fellows v. ChamblessSupreme Court of Alabama · 1925

15 more not listed; retrieve them via the Exa API.

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