Mansony v. United States Bank
Supreme Court of Alabama
Wkit of Error to the Court of Chancery sitting at Mobile. In the cause out of which this case arises, three bills have been filed; the first at the suit of Jos.Cowperthwaite, Thos.
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Wkit of Error to the Court of Chancery sitting at Mobile. In the cause out of which this case arises, three bills have been filed; the first at the suit of Jos.Cowperthwaite, Thos. Dunlap and Herman Cope, against Isaac H. Erwin, as administrator cum testamento annexo of Henry Hitchcock; in the second, “The President Directors and Company of the Bank of the United States,” a corporation of the State of Pennsylvania, is added as a complainant, and the widow of Mr. H. and her children, all of whom are infants, are joined as defendants; and in the last, the names of the complainants in the first…
1Opinion of the CourtCollier, C. J.
We do not consider it necessary to a decision of this cause to examine all the interesting questions discussed at the bar; and shall content ourselves with inquiring, 1. Did not the mortgage by Mr. Hitchcock and wife, executed in 1838, and the failure of the former to pay the debt, (intended to be secured,) as stipulated, entitle the mortgagees to recover of the plaintiffs in error, as his tenants, the rent becoming due after the forfeiture of the mortgage ? 2. Was the execution issued on the judgment in favor of McGehee, use, &c., so far void, that a levy on and sale of property thereunder,…
2Cases cited10 opinions
- Rankin v. ScottSupreme Court of the United States · 1827
- Woodcock v. BennetNew York Supreme Court · 1823
- Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
- Bank of the United States v. TylerSupreme Court of the United States · 1830
- Morris v. EllisSupreme Court of Alabama · 1842
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Scott v. WareSupreme Court of Alabama · 1880
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Branch Bank v. FrySupreme Court of Alabama · 1853
- Coffey v. HuntSupreme Court of Alabama · 1883
- Thrash v. BennettSupreme Court of Alabama · 1876
15 more not listed; retrieve them via the Exa API.