Heirs v. United States Bank of Pennsylvania
Supreme Court of Alabama
Error to the Chancery Court of Mobile. The original bill in this cause, was filed by Joseph Cow-perthwaite, Thomas Dunlap, and Herman Cope, to foreclose a mortgage executed by Henry Hitchcock, upon certain lands in Mobile, to secure the payment of a debt due them of six hundred and twenty thousand, five hundred and thirty dollars, , ninety-six cents, with interest at the rate of eight per cent, per annum, from the 1st March, 1838. That Hitchcock has departed this life, and…
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Error to the Chancery Court of Mobile. The original bill in this cause, was filed by Joseph Cow-perthwaite, Thomas Dunlap, and Herman Cope, to foreclose a mortgage executed by Henry Hitchcock, upon certain lands in Mobile, to secure the payment of a debt due them of six hundred and twenty thousand, five hundred and thirty dollars, , ninety-six cents, with interest at the rate of eight per cent, per annum, from the 1st March, 1838. That Hitchcock has departed this life, and devised all his estate, real and personal, to his wife, Anne Hitchcock. That by a deed made on the -day of-, IS40, she…
1Opinion of the CourtOrmond, J.
— Before proceeding to the consideration of the merits of the case, we will first examine the objection to the parties. It is urged, that it is uncertain who are the complainants. The bill is filed by Cowperthwaite, Dunlap & Cope, to whom, acting for, and on behalf of the Bank, the bond and mortgage were executed. The next bill in order, is an amended and supplemental bill, filed by the complainants, in which they disclose the fact, that they are mere trustees for the Bank, and pray that the Bank may be made a party. Another amended and supplemental bill was filed, reciting at length the two…
2Cases cited6 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Andrews v. PondSupreme Court of the United States · 1839
- Head & Amory v. Providence Ins. Co.Supreme Court of the United States · 1804
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Philadelphia Loan Co. v. TownerSupreme Court of Connecticut · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1903
- Stoutz v. RouseSupreme Court of Alabama · 1887
- McKinstry v. ConlySupreme Court of Alabama · 1847
25 more not listed; retrieve them via the Exa API.