Johnson v. Murphy, Agnew & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Choctaw. Heard before the Hon. A. W. Uillakd. The bill in this case was filed on the 20th December, 1873, by John M. Johnson and his three sisters, F. A. Johnson, A. H. Johnson, and E. P. Johnson, against the persons composing the firm of Murphy, Agnew & Co., commission-merchants in the city of Mobile; and sought to enjoin a sale of certain lands under a power contained in a mortgage, and to have the mortgage declared null and void, and…
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Appeal from the Chancery Court of Choctaw. Heard before the Hon. A. W. Uillakd. The bill in this case was filed on the 20th December, 1873, by John M. Johnson and his three sisters, F. A. Johnson, A. H. Johnson, and E. P. Johnson, against the persons composing the firm of Murphy, Agnew & Co., commission-merchants in the city of Mobile; and sought to enjoin a sale of certain lands under a power contained in a mortgage, and to have the mortgage declared null and void, and cancelled under the decree of the court, as a cloud on the complainants’ title to the lands. The mortgage, a copy of which…
1Opinion of the Court
STONE, J,
The mortgage,' which is the foundation of the present proceedings, bears date March 31st, 1873. Hence, the homestead claim of John M. Johnson, if he owned and occupied the premises in controversy, is not governed by the act “to regulate property exempted from sale for the payment of debts,” approved April 23d, 1873. — Pamph. Acts, 64. If he is entitled to a homestead exemption, it is to be measured by the constitution of 1868.—Miller v. Marx, and Coleman v. Smith, at December term, 1876.
2. The bill in the present ease was filed in the name of four complainants. So fas as John M.…
2Cases cited1 opinion
- Overdeer v. WileySupreme Court of Alabama · 1857
3Cited by3 opinions
- Johnson v. SwankeWisconsin Supreme Court · 1906
- San Diego Flume Co. v. SoutherCourt of Appeals for the Ninth Circuit · 1898
- Petty v. GrisardSupreme Court of Arkansas · 1885