New v. Young
Supreme Court of Alabama
Appeal from Mobile Chancery Court, Heard before the Hon. Thos. H. Smith. This was a bill filed by the appellee, William Young, against the appellants, Martha New and George New, to cancel a deed from Martha New to Charles New and one ■from Charles New to George New, made on June 16, 1809, as a cloud upon the title of complainant, or, in the alternative, to enforce a mortgage made by Martha Baker, subsequently Martha New, to the complainant on May 12, 1898. The allegations of…
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Appeal from Mobile Chancery Court, Heard before the Hon. Thos. H. Smith. This was a bill filed by the appellee, William Young, against the appellants, Martha New and George New, to cancel a deed from Martha New to Charles New and one ■from Charles New to George New, made on June 16, 1809, as a cloud upon the title of complainant, or, in the alternative, to enforce a mortgage made by Martha Baker, subsequently Martha New, to the complainant on May 12, 1898. The allegations of the bill are that prior to May 12, 1898, Martha New, who was then Martha Baker and unmarried, became indebted to the…
1Opinion of the CourtMcCLELLAN, C. J.
The commission to take depositions for the complainant in this case was addressed to J. Blocker Thornton and Win. B. Inge, Jr., but it in terms authorized them severally to take and certify the depositions. Under such a commission it is competent for either one of the commissioners to act without the other, a proposition fully recognized in Montgomery Street Ry. Co. v. Mason, 133 Ala. 508. Moreover, had the commission been addressed to the commissioners jointly only, the respondents could claim no advantage from the fact that only one commissioner acted since they appeared before him and…
2Cases cited2 opinions
- Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901
- Porter v. HarrisonSupreme Court of Alabama · 1899
3Cited by1 opinion
- Morton v. ClarkAlabama Court of Appeals · 1914