Bostick v. Jacobs
Supreme Court of Alabama
Appeal from tbe Chancery Court of Jackson. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, F.-A. Bostick, against the appellees on August 4, 1899, and averred substantially the following facts: On July 5, 1898, J. W. Shoemaker purchased a certain tract of land from the defendants for the sum of $4,000. This was a credit transaction and Shoemaker executed his four promissory notes to his vendors, one for $500 due November 1, 1898,…
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Appeal from tbe Chancery Court of Jackson. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, F.-A. Bostick, against the appellees on August 4, 1899, and averred substantially the following facts: On July 5, 1898, J. W. Shoemaker purchased a certain tract of land from the defendants for the sum of $4,000. This was a credit transaction and Shoemaker executed his four promissory notes to his vendors, one for $500 due November 1, 1898, one for $1,000 due January 1, 1899, one for $1,000 due November 1, 1899, and one for $1,500 due January 1, 3900. The…
1Opinion of the CourtTyson, J.
The bill in this cause presents two theories upon which the complainant relies to have the two notes which he executed as surety for the rnort*347gagor, and upon which judgment was recovered against him, before the sale under the power contained in the mortgage was had, satisfied and discharged. The first of these proceeds upon the averment ¡that the terms of the mortgage, to which he is not a party, are not in accordance with the understanding had wdth him by which he agreed to’become bound as surety. This phase of the case, however, is not insisted upon in argument.
The other phase of the bill…
2Cases cited1 opinion
- Fielder v. VarnerSupreme Court of Alabama · 1871
3Cited by5 opinions
- Louisville Title Co.'s Receiver v. Crab Orchard Banking Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Nolen v. FarrowSupreme Court of Alabama · 1907
- Bostick v. JacobsSupreme Court of Alabama · 1904
- Federal Land Bank v. FulcherCourt of Appeals of Georgia · 1933
- Hudson v. Wilson & Co.Supreme Court of Alabama · 1918