Nelson v. Holcomb
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Assumpsit by C. A. Nelson against J. B. Holcomb, and others. Judgment for defendants and plaintiff: appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Assumpsit by C. A. Nelson against J. B. Holcomb, and others. Judgment for defendants and plaintiff: appeals. The payment of the note certainly cannot be worked out of the facts in this case on any principle of abstract justice.—22 Cyc. .565-6. Counsel discuss the errors assigned and insist that the property seized being covered by the mortgage was properly applied to the payment of the mortgage debt and cannot be changed.-—8'triclríand v. Hardie, 82 Ala. 412; City of Montgomery v. Hughes, 65 Ala. 201.
1Opinion of the CourtMgCLELLAN, J.
The action is on an instrument, executed on April 18, 1910, by Holcomb, principal, and Griffin, surety, and payable to T. A. Nelson (appellant), for $75. The purpose of the obligation was to secure a running account for advances to be made Holcomb for the crop year 1910. To secure its payment the instrument embraced provisions of mortgage on crops of cotton, corn and other produce to be raised that year. Both Holcomb and Griffin are sued. Aside from the general issue, payment was the defense asserted. The trial was. by the court without jury, and resulted in finding and judgment for…
2Cases cited1 opinion
- Strickland v. HardieSupreme Court of Alabama · 1886
3Cited by5 opinions
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- Hundley v. HewittSupreme Court of Alabama · 1916
- United States Fidelity & Guaranty Co. v. SimmonsSupreme Court of Alabama · 1931
- Jaggers v. HowellSupreme Court of Alabama · 1921