Bellinger v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The facts of the case are sufficiently stated in the opinion. cited, Cotton v. Carlisle, 85 Ala. 175 \ Maries v. Robinson, 82 Ala. 69. A court of equity has jurisdiction in the present case. — Westmoreland v. Foster, 60 Ala. 448 ; Comer v. Lehman, Durr' & Co., 87 Ala., 362 ; Alexander v. Rea, 50 Ala. 450 ; Scruggs v. Driver, 31 Ala. 274.
1Opinion of the CourtHead, J.
In 1883, Moses T. Ray and W. C. Ray were partners in a farming business. In February of that year, Moses T. Ray executed to Lehman, Durr & Co. a mortgage to secure a debt of $2,000, which had the effect to pass to them his interest in-the partnership crops to be grown that year, to be ascertained upon a settlement of the partnership. After the crops had been commenced, to-wit, in March, 1883, Moses T. Ray died, and on April 4th, thereafter, William Bellinger was appointed his administrator. The partnership rights and interests thus devolved on W. C. Ray, as surviving partner, for the purposes…
2Cases cited1 opinion
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
3Cited by7 opinions
- Patton v. DardenSupreme Court of Alabama · 1933
- Smith v. RhodesSupreme Court of Alabama · 1921
- Jones v. MooreSupreme Court of Alabama · 1927
- Dargin v. HewlittSupreme Court of Alabama · 1896
- Zimmern v. People's BankSupreme Court of Alabama · 1919
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