Legal Opinion

Comer & Trapp v. Constantine

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 6 opinions

Appeal from tbe Chancery Court of Calhoun. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by Comer & Trapp as partners, suing as judgment creditors of Cater & Johnson, against D. F. Constantine; and sought to redeem a storehouse and lot in Anniston, which the defendant had bought at a sale made by Robert P. Thomason, as trustee or assignee, under a general assignment for the benefit of their creditors executed by said Cater & Johnson.

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Appeal from tbe Chancery Court of Calhoun. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by Comer & Trapp as partners, suing as judgment creditors of Cater & Johnson, against D. F. Constantine; and sought to redeem a storehouse and lot in Anniston, which the defendant had bought at a sale made by Robert P. Thomason, as trustee or assignee, under a general assignment for the benefit of their creditors executed by said Cater & Johnson. The assignment was dated the 30th November, 1886; the sale under it was made, pursuant to its terms, on the 1st January, 1887; the…

1Opinion of the CourtMcCLELLAN, J.

The distinction between a mortgage, or a deed of trust in the nature of a mortgage, to secure the of a particular debt or debts, and a deed of trust *493of all tbe grantor’s property for tbe payment of all bis debts, commonly and properly known as a general assignment for the benefit of creditors, is well defined and radical. Tbe purpose of tbe class of instruments first named is to secure a particular indebtedness; tbe purpose of tbe latter is to pay all tbe indebtedness of tbe grantor. In tbe former, a defeasible title only passes, and tbe property reverts to tbe grantor upon tbe happening of…

2Cases cited7 opinions

  1. Hoffman, Burneston & Co. v. MackallOhio Supreme Court · 1855
  2. Crow v. BeardsleySupreme Court of Missouri · 1878
  3. Posey v. PressleySupreme Court of Alabama · 1877
  4. State ex rel. Holliday v. BenoistSupreme Court of Missouri · 1866
  5. Dunham Dimon v. . WhiteheadNew York Court of Appeals · 1860

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Sandusky v. FarisWest Virginia Supreme Court · 1901
  2. Nicrosi v. IrvineSupreme Court of Alabama · 1893
  3. Ellison v. MosesSupreme Court of Alabama · 1891
  4. Butt v. McAlpineSupreme Court of Alabama · 1910
  5. Bell v. Goetter, Weil & Co.Supreme Court of Alabama · 1894

1 more not listed; retrieve them via the Exa API.

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