Howser v. Cruikshank
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thos. Cobbs. The bill in, this case was filed by the appellee, Mary P. Cruiksliank, against the appellant, Louis A. Howser: The bill as amended averred the following facts: On December 10, 1881, M. T. Smith and his wife, Mary Smith, executed a mortgage to one Pat Fahey to secure a promissory note for the sum of five hundred dollars made by said M. T. Smith and Avife to Pat Fahey on November 1,1881, and…
Read the full summary
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thos. Cobbs. The bill in, this case was filed by the appellee, Mary P. Cruiksliank, against the appellant, Louis A. Howser: The bill as amended averred the following facts: On December 10, 1881, M. T. Smith and his wife, Mary Smith, executed a mortgage to one Pat Fahey to secure a promissory note for the sum of five hundred dollars made by said M. T. Smith and Avife to Pat Fahey on November 1,1881, and payable one day after date. In this mortgage there Avas conveyed a certain specifically described parcel of land laid off into…
1Opinion of the CourtTyson, J.
— Unless the case made by the original and amended bills can be differentiated upon principle from the case of The Farmers Savings and Building and Loan Asociation v. Kent & Sabotka, 117 Ala. 624, in which this court distinctly and clearly recognized the doctrine that where a mortgagor after the execution of the mortgage, conveys different parcels of the mortgaged property to different persons at different times, by warranty deeds which contain no reference to the existence of the mortgage, the portion of such premises retained by the mortgagor is primarily liable for the whole of the…
2Cases cited11 opinions
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Jones v. MatkinSupreme Court of Alabama · 1897
- Walker v. CrewsSupreme Court of Alabama · 1882
- Prickett v. SibertSupreme Court of Alabama · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Baker, Lyons & Co. v. Eliasberg & Bros. Mercantile Co.Supreme Court of Alabama · 1918
- Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916
- Dothan Grocery Co. v. DowlingSupreme Court of Alabama · 1920
- Francis v. WhiteSupreme Court of Alabama · 1910
- Fidelity & Casualty Co. v. Massachusetts Mut. L. Ins. Co.Court of Appeals for the Fourth Circuit · 1935
5 more not listed; retrieve them via the Exa API.