Robinson v. Cullom & Co.
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 25 th October, 1860, by Baymond Bobinson, against Cullom & Co., (a partnership composed of Smith Cullom and Lovick P. Butler,) and several other persons; and sought to set aside a sale of certain lands, under a mortgage executed by said Bobinson to said Oullom & Co.; and, to that end, it prayed an account of the mortgage debt, and of the rents and profits…
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 25 th October, 1860, by Baymond Bobinson, against Cullom & Co., (a partnership composed of Smith Cullom and Lovick P. Butler,) and several other persons; and sought to set aside a sale of certain lands, under a mortgage executed by said Bobinson to said Oullom & Co.; and, to that end, it prayed an account of the mortgage debt, and of the rents and profits of the mortgaged premises while in the possession of the defendants, and a redemption of the mortgaged lands, or,…
1Opinion of the CourtByrd, J.
The counsel for appellant, in their brief, remark, that they “are unable, after carefully examining the *699record, to discover upon what ground the chancellor dismissed the bill.” The cause was subinitted for hearing upon the pleadings and proof. The answers contain a demurrer to the bill, and we presume that the chancellor dismissed the bill on the pleadings and proofs, as the 66th rule of practice requires a demurrer to be disposed of at the first term after it is filed, without waiting for the cause to be ready on the proof; and the record shows that the cause was continued after the demurrer…
2Cases cited10 opinions
- Striplin v. WareSupreme Court of Alabama · 1860
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
- Charles v. DuboseSupreme Court of Alabama · 1856
- Cameron v. AbbottSupreme Court of Alabama · 1857
- Rives, Battle & Co. v. Walthall's Ex'rsSupreme Court of Alabama · 1862
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3Cited by7 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Hawkins v. HudsonSupreme Court of Alabama · 1871
- Clay v. CumminsSupreme Court of Alabama · 1917
- Downs v. Hopkins, Allen & Co.Supreme Court of Alabama · 1880
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