Whitley & Trimble v. Dumham Lumber Co.
Supreme Court of Alabama
Appeal from tbe Chancery Court of Butler. Heard before the Hon. John A. Foster. The original bill in this case was filed oh the 16th January, 1888, by the Dumham Lumber Company, a private corpora^ tion organized under the general statutes, against Whitley & Trimble as a partnership, and against the partners individually; and sought to enjoin an advertised sale of the-complainant’s lands and mill property, under a mortgage which said company had executed to the defendants,…
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Appeal from tbe Chancery Court of Butler. Heard before the Hon. John A. Foster. The original bill in this case was filed oh the 16th January, 1888, by the Dumham Lumber Company, a private corpora^ tion organized under the general statutes, against Whitley & Trimble as a partnership, and against the partners individually; and sought to enjoin an advertised sale of the-complainant’s lands and mill property, under a mortgage which said company had executed to the defendants, alleging full payment and satisfaction of the mortgage debt, but also offering to pay any balance that might be found due…
1Opinion of the CourtMcCLELLAN, J.
The original bill alleged payment of a mortgage executed by the complainant — appellee here — and McKenzie & Perkins, to the appellants — defendants below; that notwithstanding such payment and satisfaction in full, the defendants had advertised the property covered by the mortgage, all of which belonged to the Dunham Lumber Company, for sale under a power of sale contained in the instrument; that, unless they were enjoined, the sale would be made, and thereby the large saw-mill business of complainant, and a railroad operated in connection therewith, would be stopped, large number of…
2Cases cited9 opinions
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- McWilliams v. PhillipsSupreme Court of Alabama · 1881
- Lehman Bros. v. McQueenSupreme Court of Alabama · 1880
- Kinney v. EnsmingerSupreme Court of Alabama · 1888
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- MacKe v. ScacciaSupreme Court of Alabama · 1931
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- Parker v. WardSupreme Court of Alabama · 1932
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