Reeres & Co. v. Brown
Supreme Court of Alabama
Appeal from the Chancery Court of Fayette. Heard before the Hon. W. H. Tayloe. . The bill in this case was filed on May 13th, 1892, in the chancery court of Fayette county, by J. S. Reeves & Co., Handley Bros. & Go. and Murray, Hibbrell & Co., against the appellee, John A. Brown, for the purpose of foreclosing the several mortgages, which had been exe cuted by the said respondent, Brown, to each of the three complainants.
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Appeal from the Chancery Court of Fayette. Heard before the Hon. W. H. Tayloe. . The bill in this case was filed on May 13th, 1892, in the chancery court of Fayette county, by J. S. Reeves & Co., Handley Bros. & Go. and Murray, Hibbrell & Co., against the appellee, John A. Brown, for the purpose of foreclosing the several mortgages, which had been exe cuted by the said respondent, Brown, to each of the three complainants. The property which was conveyed in the mortgages was situated in Jefferson county. The said John A. Brown, who was the sole respondent to the bill, resided in Fayette…
1Opinion of the CourtHaralson, J.
1. When a bill is filed for the foreclosure of a mortgage on real estate, which is situated in one county, and the mortgagor resides in another, under section 3421 of the Code, the chancery court of either district or county — the one where the mortgagor resides, or the one where the real estate or a material portion thereof is situated — has jurisdiction, and the complainant may elect, at his pleasure, in which of the two districts or counties he will file his bill. — Ashurst v. Gibson, 57 Ala. 586; Harwell v. Lehman, 72 Ala. 345.
2. There is nothing in Bolling v. Munchus, 65 Ala. 558, as the…
2Cases cited1 opinion
- Bolling v. MunchusSupreme Court of Alabama · 1880
3Cited by10 opinions
- Ex Parte Central of Georgia Ry. Co.Supreme Court of Alabama · 1942
- Clark v. SmithSupreme Court of Alabama · 1915
- Ex Parte Fairfield-American Nat. BankSupreme Court of Alabama · 1931
- Thompson v. WilsonSupreme Court of Alabama · 1932
- Jones v. Phenix-Girard BankSupreme Court of Alabama · 1951
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