Wilkins v. Wilkins
Supreme Court of Alabama
This was a bill in Chancery in Baldwin Circuit Court; and it was filed by William Wilkins against Benjamin S. Bromley, for the purpose of foreclosing a mortgage. The bill recited the mortgage, and prayed a sale of the mortgaged premises for the satisfaction of the plaintiffs’ claim. Among other allegations, the bill also averred, that one Charles Hall, had purchased the premises mortgaged, from the mortgagor, with notice; and made him also a defendant.
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This was a bill in Chancery in Baldwin Circuit Court; and it was filed by William Wilkins against Benjamin S. Bromley, for the purpose of foreclosing a mortgage. The bill recited the mortgage, and prayed a sale of the mortgaged premises for the satisfaction of the plaintiffs’ claim. Among other allegations, the bill also averred, that one Charles Hall, had purchased the premises mortgaged, from the mortgagor, with notice; and made him also a defendant. After the issuance of subpoena, the following entry was found in the record, to wit— “April term, 1833 — Order of Court; death of Bromley…
1Opinion of the CourtCollier, J.
— The defendant in error exhibited his bill on the equity side of the Circuit Court of Bald*247win, against the plaintiff, Charles Hall, and the intestate, B. S. Bromley, for the foreclosure of a mortgage, executed by the intestate, in January, 1831, of a saw-mill, and its appurtenances, situate in that county, for the security of a sum of money, due from the mortgagor to the defendant, as well as to secure the payment of the debts, owing by a late co-partnership, existing between the intestate and the defendant, which, on dissolution, the intestate had stipulated to pay. Pending the suit in the…
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