Broughton v. Shivers
Supreme Court of Alabama
Bill to Foreclose Mortgage. Appeal from Monroe Chancery Court. Heard before Hon. Thomas H. Smith. Bill by J. D. Shivers against George W. Broughton and another. From a decree awarding relief to complainant, and fixing the compensation of E. Broughton, as receiver, the latter appeals, and the former brings cross-appeal. Affirmed. One of the defendants, Alex.
Read the full summary
Bill to Foreclose Mortgage. Appeal from Monroe Chancery Court. Heard before Hon. Thomas H. Smith. Bill by J. D. Shivers against George W. Broughton and another. From a decree awarding relief to complainant, and fixing the compensation of E. Broughton, as receiver, the latter appeals, and the former brings cross-appeal. Affirmed. One of the defendants, Alex. McLean, on the 22d day of August, 1904, gave a mortgage on certain personal property, consisting of oxen, mules, wagons, etc., to the Bear Creek Mill Company, to secure a debt of $1,103.22, for money advanced to said McLean with which to…
1Opinion of the CourtHaralson, J.
The account of the receiver was excepted to on the grounds, because the receiver did not present vouchers to sustain his disbursements, and because the expenses were not shown to have been reasonable, and, as to some of them, that they were not proved.
The ruling of the chancellor, in sustaining an exception to the register’s report, with respect to the amount due complainant on his mortgage debt, is not a matter that can be reviewed on an appeal of E. Broughton as receiver. He was not a party to this bill, and he had no interest in the contest involving the amount due the complainant on his…
2Cited by1 opinion
- Fourth Nat. Bank v. KellySupreme Court of Alabama · 1919