McHan v. Ordway, Dudley & McGuire
Supreme Court of Alabama
Appeal from the Chancery Court of Blount. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 5th November, 1883, by the appellees, suing as late partners, against William Conant and James McHan, and sought a discovery and relief, but, by an amendment of the bill, the prayer for discovery was stricken out.
Read the full summary
Appeal from the Chancery Court of Blount. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 5th November, 1883, by the appellees, suing as late partners, against William Conant and James McHan, and sought a discovery and relief, but, by an amendment of the bill, the prayer for discovery was stricken out. The facts on which the prayer for relief was founded, briefly stated, were these: On the 13th February, 1878, said William Conant conveyed to complainants, by mortgage, a tract of land therein particularly described, to secure the payment of a note of that…
1Opinion of the CourtStone, C. J.
— -If the complainants have shown any right to recover the land sued for, it may be conceded they could come into equity, and have their title perfected. Purchasing, as they did, at their own sale, they did not, by such purchase, acquire any legal title beyond what they held under their mortgage. True, they were bound by their purchase, and could not, by any proceeding instituted by them, be heard to disaffirm it. They bound themselves, but did not bind the mortgagor, if he seasonably moved to have the sale disaffirmed, and to be let in to redeem.— Garland v. Watson, 74 Ala. 323. It may also…
2Cases cited8 opinions
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Harris v. MillerSupreme Court of Alabama · 1881
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
- Jones v. DeGraffenreidSupreme Court of Alabama · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
- Haggart v. WilczinskiCourt of Appeals for the Fifth Circuit · 1906
- Cannon v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1915
- Woodruff v. AdairSupreme Court of Alabama · 1901
- McHan v. Ordway, Dudley & McGuireSupreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.