Norvell v. Gilreath
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Belton Gilreatb as trustee, against Peyton Norvell and others on a guaranty. Judgment for plaintiff and defendants appeal.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Belton Gilreatb as trustee, against Peyton Norvell and others on a guaranty. Judgment for plaintiff and defendants appeal. The complaint sets out a mortgage executed by the Carbon Hill & Lost Creek Coal Company, in which it is recited that Belton Gilreath, as trustee, claims to be the owner of an undivided one-half interest in certain lands, the mineral rights in which was heretofore leased by the former owners of the land, and that the Carbon Hill & Lost Creek Coal Company claims the right to operate the mine under…
1Opinion of the CourtSayre, J.
This is a suit upon a written guaranty executed by appellants contemporaneously with a certain mortgage given by the Carbon Hill & Lost Creek Coal Company as further security for the mortgage debt; the mortgage and the guaranty containing cross-references to each other and together showing the consideration upon which the two contracts were executed.
There was no error in allowing the amendment to the complaint. Indeed, if any significance whatever is to be attached to- the use of the descriptive word or phrase “trustee” or “as trustee” in connection with the averment of the party defendant in…
2Cases cited8 opinions
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Leftkovitz v. First National Bank of GadsdenSupreme Court of Alabama · 1907
- Kyle v. BellengerSupreme Court of Alabama · 1885
- Brown v. LoebSupreme Court of Alabama · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- United States v. BurgreenCourt of Appeals for the Fifth Circuit · 1979
- Tallahatchie Lumber Co. v. Cecil Lumber Co.Mississippi Supreme Court · 1921
- United States v. Wharton K. Burgreen, Third-Party v. First Alabama Bank of Huntsville, N. A., a Banking Corporation Formerly Known as the First National Bank of Huntsville, Third-PartyCourt of Appeals for the First Circuit · 1979