Anniston Banking Co. v. Green
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Wert, Jr. Ejectment by the Anniston Banking & Loan Company against Miller B. Green. From a judgment for defendant, plaintiff appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Wert, Jr. Ejectment by the Anniston Banking & Loan Company against Miller B. Green. From a judgment for defendant, plaintiff appeals. Pending the trial the attorneys agreed as follows: It is agreed that on January 7, 1908, M. B. Green and wife and Joe L. Green and wife executed to A. D. Edwards a mortgage in the sum of $4,088, due in two notes of equal amount, one maturing January 1, 1909, and one January 1, 1910; said mortgage conveyed the land sued for, which lands belonged to Joe L. Green by virtue of a conveyance from his…
1Opinion of the CourtANDEItSON, C. J.
(1, 2) Regardless of the rules of law heretofore existing as to the effect that the satisfaction of a mortgage debt, by one who was legally bound to do so, had upon the rights of a subsequent mortgagee or other creditor of the mortgagor, the Code of 1907, '§§ 5384 to 5394, inclusive, fixes and defines the rights and liabilities of joint makers of notes, bonds, bills, or contracts for the payment of money, and which includes mortgages. — Thrasher v. Neely, 196 Ala. 576, 72 South. 115. Sec. tion 5384 defines the liability, and fixes the relationship. Section 5385 gives the surety the right to a…
2Cases cited3 opinions
- Truss v. MillerSupreme Court of Alabama · 1897
- Cowley v. ShieldsSupreme Court of Alabama · 1912
- Thrasher v. NeeleySupreme Court of Alabama · 1916
3Cited by8 opinions
- Perry v. BrakefieldSupreme Court of Alabama · 1988
- Tennessee-Hermitage Nat. Bank v. HaganSupreme Court of Alabama · 1928
- Marsh v. MarshSupreme Court of Alabama · 1927
- Green v. McCordSupreme Court of Alabama · 1920
- Holder v. BrooksSupreme Court of Alabama · 1954
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