Levert v. Redwood
Supreme Court of Alabama
Error to the Circuit court of Mobile, exercising Chancery jurisdiction. Bill of foreclosure, tried by Harris, J. ■ This was a bill in equity, exhibited by Richard H. Redwood, in the Circuit court of Mobile county, against Henry S. Levert, Samuel A. Roberts, John Mayrant, jr. and John W. Freeman. It set forth an indenture of mortgage, executed to secure the payment of certain promissory notes, therein described.
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Error to the Circuit court of Mobile, exercising Chancery jurisdiction. Bill of foreclosure, tried by Harris, J. ■ This was a bill in equity, exhibited by Richard H. Redwood, in the Circuit court of Mobile county, against Henry S. Levert, Samuel A. Roberts, John Mayrant, jr. and John W. Freeman. It set forth an indenture of mortgage, executed to secure the payment of certain promissory notes, therein described. The mortgage bore date, (as alleged by the bill) the twenty-fifth September, eighteen hundred and thirty-five, and was admitted to record, and duly recorded, in the office of the clerk…
1Opinion of the CourtGqldthwaite, J.
The several points presented for *87examination and revision by this case, can be best considered under the following arrangement :
1. The supposed defect in the frame of the bill, in not shewing the payment of the first note, intended to be secured by the mortgage, or otherwise accounting.for it.
2. The irregularities which are supposed to exist in the form of the two first subpoenas, and that which is supposed to arise from the time when the decree was rendered.
3. The supposed error, in permitting the mortgage and notes to be proved viva voce, when the same were referred to the master, and the…
2Cases cited3 opinions
- Mussina v. BartlettSupreme Court of Alabama · 1838
- Wilkins v. WilkinsSupreme Court of Alabama · 1837
- Barnes v. LeeCourt of Appeals of Kentucky · 1809
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- Burgess Min. & Const. Corp. v. LeesSupreme Court of Alabama · 1983
- Thomas v. BarnesSupreme Court of Alabama · 1929
- Inge v. BoardmanSupreme Court of Alabama · 1841
- Harkins v. PopeSupreme Court of Alabama · 1846
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