Guthrie v. Quinn
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. A. O. Eelder. The opinion contains all the material facts of the case. 1. The court erred in rendering the decree for the complainant, because the bill contains no equity. The complainant’s debt is strictly legal. He has no right, independent of statutory authority, to come into equity, unless he stands as a creditor with a lien, or having exhausted his remedy at law.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. A. O. Eelder. The opinion contains all the material facts of the case. 1. The court erred in rendering the decree for the complainant, because the bill contains no equity. The complainant’s debt is strictly legal. He has no right, independent of statutory authority, to come into equity, unless he stands as a creditor with a lien, or having exhausted his remedy at law. See the authorities collected. — Shepherd’s Digest, 236 ; Reavis’ Digest, 251. The equity of the bill can not be maintained on the authority of § 3406 or 3408,…
1Opinion of the CourtPeters, J.
The record in this case shows that the defendant in error, said Quinn, on the 16th day of November, 1867, filed his bill in the chancery court of Montgomery county, Alabama, against R. M. Guthrie, Dixon H. Lewis, and Lehman, Durr & Co., in which he alleges, that said Guthrie, on the 21st day of August, 1867, purchased a horse of him for the sum of one hundred and ninety-five dollars, to be paid on or before the 1st day of November, then next following; that in order to secure the payment of said sum of money, said Guthrie gave him a mortgage or lien on said horse, and his growing crop; that…
2Cases cited10 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Wells v. MorrowSupreme Court of Alabama · 1861
- Boyd v. BeckSupreme Court of Alabama · 1857
- McCravey v. RemsonSupreme Court of Alabama · 1851
- Cullum v. Branch BankSupreme Court of Alabama · 1853
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3Cited by2 opinions
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