Tickner v. Wiswall
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 1st District.' The matters of this bill, and the'answers to it, are stated in the report of a decision upon an appeal from a decree dissolving the injunction, in 6 Ala. Rep. 178, so far as connected with that motion.
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Writ of Error to the Court of Chancery for the 1st District.' The matters of this bill, and the'answers to it, are stated in the report of a decision upon an appeal from a decree dissolving the injunction, in 6 Ala. Rep. 178, so far as connected with that motion. It now comes here upon the final decree, declaring the deed of mortgage exhibited by the complainant, Wiswall, to be void as against him, and directing a sale, first, of the personal estate covered by it, and then of the St. Francis street store and lot, if the personal estate does not produce sufficient to satisfy the complainant’s…
1Opinion of the CourtGoldth Waite, J.
1. When this cause was here at a former term, the only matter determined was, that the answers were insufficient to dissolve an injunction previously awarded. [See 6 Ala. Rep. 178.] It was not then material to notice the difference of the stipulations of the mortgage with regard to the real and personal estate. What was there said, refers itself exclusively to the question then before the court. We discussed the case no further than was sufficient to show, that the acts of the parties, with relation to the personal estate, were such as to make that liable to an execution creditor of the…
2Cases cited4 opinions
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Austin v. BellNew York Supreme Court · 1823
- Borland v. WalkerSupreme Court of Alabama · 1845
- Wiswall v. TicknorSupreme Court of Alabama · 1844
3Cited by13 opinions
- Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
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