Albritton v. Lott-Blackshear Commission Co.
Supreme Court of Alabama
Appeal from Wilcox Chancery Court. Heard before Hon. Thomas H. Smith. Bill by the Lott-Blackshear Commission Company against G. L. Albritton and another to foreclose mortgage and to appoint a receiver. Decree for complainants and respondents appeal. The court erred in appointing a receiver. — 27 Cyc. 1622; Hayes v. Jasper L. Go., 147 Ala. 840; Meyer v. Thomas, 181 Ala.
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Appeal from Wilcox Chancery Court. Heard before Hon. Thomas H. Smith. Bill by the Lott-Blackshear Commission Company against G. L. Albritton and another to foreclose mortgage and to appoint a receiver. Decree for complainants and respondents appeal. The court erred in appointing a receiver. — 27 Cyc. 1622; Hayes v. Jasper L. Go., 147 Ala. 840; Meyer v. Thomas, 181 Ala. Ill; Etowah M. Go. v. Wills V. M. & M. Go., 106 Ala. 498; B. I. W. Go. v. Foster, 54 Ala. 622. The receiver here sought is not to preserve the corpus but to work the farm. It was not necessary to have a receiver to intercept…
1Opinion of the CourtSimpson, J.
The original bill in this case was filed by the appellee on December 29, 1909, seeking to have second and third mortgages belonging to complainant foreclosed, and to have a receiver appointed to rent out and work the farm lands covered by the mortgages. It is alleged that the mortgagor is insolvent, and the property worth greatly less than the amount of the mortgages ; that the first mortgages, held by the Union Central Life Insurance Company, secures a principal of §15,000, due January 1, 1911, and a note for interest, due March 1, 1910, for §1,200; that said note for interest will probably…
2Cases cited8 opinions
- Scott v. WareSupreme Court of Alabama · 1880
- Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- Briarfield Iron Works Co. v. FosterSupreme Court of Alabama · 1875
- Alabama National Bank v. Mary Lee Coal & Railway Co.Supreme Court of Alabama · 1895
- Warren & Co. v. PittsSupreme Court of Alabama · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Semmes Nurseries, Inc. v. McDadeSupreme Court of Alabama · 1972
- Long v. Monroe County BankSupreme Court of Alabama · 1933
- Neff v. HarmonSupreme Court of Oklahoma · 1930
- Albritton v. Lott-Blackshear Com. Co.Supreme Court of Alabama · 1912
- Garland v. First Nat. Bank of ScottsboroSupreme Court of Alabama · 1936
3 more not listed; retrieve them via the Exa API.