Legal Opinion

Citizens' Light, Heat & Power Co. v. Central Trust Co.

Supreme Court of Alabama

Decided April 26, 1917No. 3 Div. 266PublishedCited by 12 opinions

Appeal from City Court of Montgomery; Gaston Gunter, Judge. Suit between the Citizens’ Light, Heat &' Power Company and the Central Trust Company of Illinois and others. From the decree, the Citizens’ Light, Heat & Power Company appeals.

1Opinion of the CourtSayre, J.

The questions raised by this appeal concern the amount of allowances to the receiver, his attorney, and the trustee in the deed of trust made to secure appellant’s indebtedness.

[1] The chancellor had the right, if he concluded the justice of the matter so required, to look to the whole record, including the register’s report and the evidence taken on the reference, and make what decree he deemed just in respect to the contested items, and this court has the same right. Horst v. Pake, 195 Ala. 620, 71 South. 430; Faulk v. Hobbie Grocery Co., 178 Ala. 254, 59 South. 450.

L2, 3] The presumption…

2Cases cited5 opinions

  1. Robinson v. CrotwellSupreme Court of Alabama · 1911
  2. Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
  3. Andrews v. FriersonSupreme Court of Alabama · 1905
  4. Pollard v. American Freehold Land Mortgage Co. of LondonSupreme Court of Alabama · 1903
  5. Horst v. PakeSupreme Court of Alabama · 1916

3Cited by12 opinions

  1. Dent v. FoySupreme Court of Alabama · 1925
  2. Commonwealth Life Ins. Co. v. HarmonSupreme Court of Alabama · 1934
  3. Metropolitan Life Ins. Co. v. ChambersSupreme Court of Alabama · 1932
  4. Frazer v. First Nat. Bank of MobileSupreme Court of Alabama · 1938
  5. Dent v. FoySupreme Court of Alabama · 1923

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