Inge v. Boardman
Supreme Court of Alabama
Writ of Error to the Court of Chancery "for the fifth District of the Northern Division. The bill was filed the. 39th September, 1838, and its object is to foreclose a mortgage executed in January, 1826, by Richard Inge, senior, to secure to Boardrnan the payment of nine .promissory notes, due on the first of May of each year, from 1826 to 1834 inclusive.
Read the full summary
Writ of Error to the Court of Chancery "for the fifth District of the Northern Division. The bill was filed the. 39th September, 1838, and its object is to foreclose a mortgage executed in January, 1826, by Richard Inge, senior, to secure to Boardrnan the payment of nine .promissory notes, due on the first of May of each year, from 1826 to 1834 inclusive. The bill alledges the execution of the notes and mortgage; that Inge in his life time sold, a part of the mortgaged premises to one Hogan, who afterwards sold to Henry Potter, who is the tenant in possession; that Inge made his will devising…
1Opinion of the CourtGoldthwaite, J.
— The case of Wilkins v. Wilkins, 4 Porter, 245, has been cited as a decision of this Court, of the necessity that the personal representative of a deceased mortgagor, should be a party defendant to the bill for foreclosure. It is true, that the opinion admits that such is the law ; but the case.did not turn on this question, as the personal representative was in fact a party, though not regularly subpcened. The question presented in this case, was neither examined or decided, in that which has been cited. We therefore consider it as an open question.
In the present case it is not pretended,…
2Cases cited2 opinions
- Levert v. RedwoodSupreme Court of Alabama · 1839
- Wilkins v. WilkinsSupreme Court of Alabama · 1837
3Cited by15 opinions
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
- Fearn v. WardSupreme Court of Alabama · 1886
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Scott v. WareSupreme Court of Alabama · 1879
- Dooley v. VillalongaSupreme Court of Alabama · 1878
10 more not listed; retrieve them via the Exa API.