Dothan National Bank v. Crawford
Supreme Court of Alabama
Appeal from Houston Chancery Court. Heard before Hon. L. D. Gardner. Bill by The Dothan National Bank against R. D. Crawford as administrator of the estate of A. B. Jones, deceased, to enforce a trust upon money in the hands of an administrator. Decree for respondent and complainant appeals.
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Appeal from Houston Chancery Court. Heard before Hon. L. D. Gardner. Bill by The Dothan National Bank against R. D. Crawford as administrator of the estate of A. B. Jones, deceased, to enforce a trust upon money in the hands of an administrator. Decree for respondent and complainant appeals. A mortgagee has three remedies. — An action to recover the debt. '2nd, an action to recover the property, and 3rd, an action to foreclose the mortgage. — Tyson v. Webber, 81 Ala. 470. On the authority of Humes v. Scott, 130 Ala. 281, the court erred in the decree rendered. See also 2 Pom. 627; Waldron v.…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellant against the appellee, and alleges that the complainant held a mortgage on the undivided interest of one A. B. Jones in certain personal property consisting of mules, wagons, turpentine stills, pumping outfits, barrels, and office furniture, and also 10 acres of land; that said Jones died, and the respondent, Crawford, as administrator, by order of the probate court, sold all of the interest of said Jones in said property for $541.40. The prayer of the bill is that said money be decreed to be held in trust for the pay*312ment of complainant’s debt,…
2Cases cited2 opinions
- Ehrman v. OatsSupreme Court of Alabama · 1893
- Humes v. ScottSupreme Court of Alabama · 1900