Cullum v. Erwin
Supreme Court of Alabama
EeRor to the Chancery Court at Mobile. This was a bill filed by Henry Hitchcock, in his life time, to foreclose two mortgages executed by the Mobile Steam Cotton Press and Building Company, on a lot of land in the city of Mobile.
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EeRor to the Chancery Court at Mobile. This was a bill filed by Henry Hitchcock, in his life time, to foreclose two mortgages executed by the Mobile Steam Cotton Press and Building Company, on a lot of land in the city of Mobile. The first mentioned mortgage being on land purchased by the corporation from Hitchcock, was given to secure the sum of fifty-five thousand eight hundred dollars, secured by five promissory notes, due at different periods — the other for fifteen thousand four hundred and thirty dollars seventy-two cents, secured by three promissory notes, was upon the same lot of land…
1Opinion of the CourtOrmond, J.
This bill was filed by Henry Hitchcock, to foreclose two mortgages, one of which was subject to a prior mortgage in favor of one Charles Cullum. The original and supplemental bills recite this fact, and state that the debt to secure which Cullum’s mortgage was executed, was payable in six instalments, evidenced by six promissory notes, the first of which had been paid to Cullum, and the remaining five transferred by him to different persons who are made parties. That in consequence of the destruction of the building by fire, the property secured by Cullum’s mortgage would not be sufficient to…
2Cases cited4 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Western Insurance Co. of Buffalo v. Eagle Fire InsuranceNew York Court of Chancery · 1828
- Gwathmeys v. RaglandSupreme Court of Virginia · 1823
- M'Vay v. BloodgoodSupreme Court of Alabama · 1839
3Cited by46 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Grattan v. WigginsCalifornia Supreme Court · 1863
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Vansant v. AllmonIllinois Supreme Court · 1859
- Lawson v. WarrenSupreme Court of Oklahoma · 1912
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