Woodard v. Elrod
Supreme Court of Alabama
Appeal from Blount Chancery Court. Heard before Hou. Alfred H. Benners. Bill by W. P. Elrod against William Woodard to restrain defendant's foreclosure of a certain mortgage, in which defendant filed a cross-bill for foreclosure. Decree for complainant, and defendant appeals.
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Appeal from Blount Chancery Court. Heard before Hou. Alfred H. Benners. Bill by W. P. Elrod against William Woodard to restrain defendant's foreclosure of a certain mortgage, in which defendant filed a cross-bill for foreclosure. Decree for complainant, and defendant appeals. The court erred in refusing to suppress the deposition. — Sec. 727, Code 1896. The sale by Elrod of one bale of cotton made by him on the land described in the mortgage was the happening of an event or contingency which the mortgage declared by its terms should give the mortgage the right to foreclose the same. — Parker…
1Opinion of the CourtHaralson, J.
The first assignment of error is, that the court erred in granting the motion of complainant in the original bill, to suppress the depositions of three witnesses named.
The court had, at a prior term, suppressed the depositions of these witnesses (William and Charley Woodard and James B. Sloan) “because the said testimony was taken before the said cause was at issue.”
Afterwards, on the trial of the cause, counsel for both sides entered into a written agreement, “that said depositions or testimony may at all times hereafter be used on the trial and all other proceedings in said cause, the same…
2Cited by2 opinions
- Thompson v. Aetna L. I. Co.Supreme Court of Alabama · 1909
- Watkins v. Citizens' BankSupreme Court of Alabama · 1934