Shearer v. City National Bank
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. W. W. Wilicekson. The facts of the case are sufficiently stated in the opinion. 1. The court should not have sustained the demurrer and should not have dismissed the petition of the appellant.
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Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. W. W. Wilicekson. The facts of the case are sufficiently stated in the opinion. 1. The court should not have sustained the demurrer and should not have dismissed the petition of the appellant. The first question is whether or not there were prior liens on this ship, which were entitled to precedence over the claim of the appellee, and over the rights of appellant, obtained by his purchase at the sale under the decree of the city court, as found by Judge Toulmin in the United States District Court of Mobile. The…
1Opinion of the CourtHead, J.
In a bill to foreclose a mortgage on the steamship Kanawha, filed by the Mercantile Trust and Deposit Company, against the ship’s owner, the Mary Lee Coal and Railway Company, in the city court of *358Birmingham., receivers of the ship were appointed, and they, accordingly, took her into their custody, as such receivers.
Pending said foreclosure bill, to-wit, on January 26, 1895, the present complainant, the City National Bank of Birmingham, claiming a lien by contract on the ship, prior in right to the mortgage lien, filed the present bill, in the same court, to enforce it, praying that the…
2Cases cited3 opinions
- The LottawannaSupreme Court of the United States · 1875
- The J. E. RumbellSupreme Court of the United States · 1893
- Scatcherd Lumber Co. v. RikeSupreme Court of Alabama · 1896
3Cited by1 opinion
- Alabama Dry Dock & Shipbuilding Co. v. FosterCourt of Appeals for the Fifth Circuit · 1929