Morrow v. Turney's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. John Poster. The bill in this ease was filed by George B. Turney, as the administrator of Daniel Turney, deceased, against Hugh D. Morrow, for the purpose of foreclosing an equitable mortgage on slaves.
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Appeal from the Chancery Court of Morgan. Heard before the Hon. John Poster. The bill in this ease was filed by George B. Turney, as the administrator of Daniel Turney, deceased, against Hugh D. Morrow, for the purpose of foreclosing an equitable mortgage on slaves. The facts and circumstances alleged in tbe bill, as connected with the creation of the mortgage, are briefly these : On tbe 4th May, 1850, the sheriff of Morgan county sold certain negroes, to-wit, a woman named Rose, and her four children, under execution against Hugh D. Morrow. One Burleson became the purchaser at the sale, and…
1Opinion of the CourtA. J. Walker, C. J.
The bill of complainant seeks to foreclose an equitable mortgage on slaves, claimed to have been created by a verbal agreement. One of the appellant’s positions, in opposition to the equity of the bill, is, that a mortgage of personalty cannot exist in this State, except by virtue of an instrument in writing. We have no statute in this State, which requires that such mortgages should be in writing; and that they may be made without writing under the common law, seems a necessary result of the established principle, that in the absence of any statutory requirement to the contrary, a conveyance…
2Cases cited18 opinions
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Locke's v. PalmerSupreme Court of Alabama · 1855
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
- Coster's Ex'rs v. Bank of GeorgiaSupreme Court of Alabama · 1853
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
- Kilpatrick v. HensonSupreme Court of Alabama · 1886
22 more not listed; retrieve them via the Exa API.