Chambers v. Mauldin
Supreme Court of Alabama
IN June, 1839, the defendants in error filed their bill in the Chancery Court at Mobile, for an injunction, and the settlement of the priority of certain deeds of trust, executed by Platt Stout, in which the parties were respectively interested. The record is voluminous, and it will be quite sufficient to the understanding of the points here considered, to make a condensed statement of the facts as they may be gathered from the bill, answers and report of the Master.
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IN June, 1839, the defendants in error filed their bill in the Chancery Court at Mobile, for an injunction, and the settlement of the priority of certain deeds of trust, executed by Platt Stout, in which the parties were respectively interested. The record is voluminous, and it will be quite sufficient to the understanding of the points here considered, to make a condensed statement of the facts as they may be gathered from the bill, answers and report of the Master. On the 13th December, 1S38, Platt Stout conveyed to Maul-din three negroes, to wit: Henry, Milley and Hannah, as also certain…
1Opinion of the Court
COLLIER, C. J. —
1. The adjustment of priority of lien between incumbrancers, and the appropriation of the proceeds of the property in dispute, is an acknowledged subject of equity jurisdiction. And although there may be no controversy as between the parties which shall be preferred in the order of payment, it is competent for a subsequent incumbrancer to go 'into Chancery to coerce a sale, and after the payment of prior •liens, to obtain whatever balance may remain. True, if so inclined, he may purchase of the preferred creditors their demands, and thus acquire the right to control the…
2Cases cited1 opinion
- Greenleaf v. QueenSupreme Court of the United States · 1828
3Cited by18 opinions
- Jennings v. MurdockSupreme Court of Kansas · 1976
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Ingalls v. IngallsSupreme Court of Alabama · 1952
- Anderson v. HooksSupreme Court of Alabama · 1846
- Birmingham Trust Nat. Bank v. HenleySupreme Court of Alabama · 1979
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