McLean v. Presley's Adm'r
Supreme Court of Alabama
Appeal from tbe Chancery Court of Autauga. Heard before tbe Hon. Charles Turner. Tbe bill in tbis case was filed on tbe 21st November, 1874, by Evan Presley, since deceased (tbe suit being revived in tbe name of bis personal representative), against William McLean and bis wife, Mary McLean; and sought tbe foreclosure of a mortgage on a tract of land, an account of tbe mortgage debt, taxes paid, &c., tbe appointment of a receiver to take charge of tbe land and collect tbe…
Read the full summary
Appeal from tbe Chancery Court of Autauga. Heard before tbe Hon. Charles Turner. Tbe bill in tbis case was filed on tbe 21st November, 1874, by Evan Presley, since deceased (tbe suit being revived in tbe name of bis personal representative), against William McLean and bis wife, Mary McLean; and sought tbe foreclosure of a mortgage on a tract of land, an account of tbe mortgage debt, taxes paid, &c., tbe appointment of a receiver to take charge of tbe land and collect tbe rents and profits, and for general relief. Tbe land was sold and conveyed by tbe complainant to said William McLean, on tbe…
1Opinion of the CourtStone, J.
The condition of the mortgage in the present case is in the following language: “ Upon condition, however, that if I pay, or cause to be paid, the said foregoing described promissory notes, with the interest thereon, as they respectively fall due, then this instrument is void and of no effect whatever, either in law or equity; but, if I fail to pay the said described promissory notes, as they fall due, with the interest thereon, then the said Evan Presley, or his legal representative, is hereby authorized and empowered to take possession of the said described lands and tenements, and, after…
2Cases cited8 opinions
- Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
- Littell v. ZuntzSupreme Court of Alabama · 1841
- Jencks v. AlexanderNew York Court of Chancery · 1845
- Holden v. GilbertNew York Court of Chancery · 1838
- Williams v. HatchSupreme Court of Alabama · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Harris v. MillerSupreme Court of Alabama · 1881
- Cavers v. Sioux Oil & Refining Co.Texas Commission of Appeals · 1931
- Garland v. WatsonSupreme Court of Alabama · 1883
- Ezzell v. WatsonSupreme Court of Alabama · 1887
20 more not listed; retrieve them via the Exa API.