Ricketts v. Croom
Supreme Court of Alabama
Appeal from the District Court of Lauderdale, in' Equity. Heard before the Hon. W. P. Ci-iitwood. The bill in this case was filed by the appellee against the appellants ; and prayed to have a mortgage, executed to him by C. S. Wilson & Co., foreclosed. The facts of the case are sufficiently stated in the opinion.
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Appeal from the District Court of Lauderdale, in' Equity. Heard before the Hon. W. P. Ci-iitwood. The bill in this case was filed by the appellee against the appellants ; and prayed to have a mortgage, executed to him by C. S. Wilson & Co., foreclosed. The facts of the case are sufficiently stated in the opinion. On the final hearing of the cause, the chancellor granted the relief prayed for, and decreed that C. B. Croom was entitled to the first lien on the partnership property, and that he should be first paid out of the proceeds thereof, after the payment of costs ; that the debt of S. A.…
1Opinion of the CourtColeman, J.
The testimony establishes the following facts. Prior to and on the 1st day of October, 1891, F. M. Ricketts and one W. J. Turpin were co-partners in the livery business. On that day Ricketts sold on a credit his undivided interest in the partnership to C. S. Wilson, and took a mortgage on the half interest sold to him to secure the payment of the purchase money. The mortgage was not filed for record until the 30th of October, 1891. About the 10th of October Ricketts purchased from his former partner, Turpin, his interest, and the new firm of Wilson & Ricketts was formed. A few days…
2Cases cited4 opinions
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Warren v. TaylorSupreme Court of Alabama · 1877
- Freeman v. BrownSupreme Court of Alabama · 1892
3Cited by1 opinion
- Stafsky v. Southern Railway Co.Supreme Court of Alabama · 1904