Woodward v. Wood
Supreme Court of Alabama
EreoR to the Chancery Court of Talladega. Tried before the Hon". W. W. Mason. It is shown by the bill that Willis Wood was indebted to the Branch Bank at Montgomery by two promissory notes, one for three hundred and seventy-five dollars, due June, 1840, and the other for two hundred and seven dollars, due in June, 1889; and that Henry G. Woodward, Matthew Wood and John Casey were his securities for the payment of them.
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EreoR to the Chancery Court of Talladega. Tried before the Hon". W. W. Mason. It is shown by the bill that Willis Wood was indebted to the Branch Bank at Montgomery by two promissory notes, one for three hundred and seventy-five dollars, due June, 1840, and the other for two hundred and seven dollars, due in June, 1889; and that Henry G. Woodward, Matthew Wood and John Casey were his securities for the payment of them. For the purpose of protecting his securities against loss, the said Willis Wood, on the 4th day of April, 1840, conveyed the land described in the pleadings to them by way of…
1Opinion of the CourtDabgan, C. J.
We can consider this bill in no other light than as one to redeem, filed by the assignee of the equity of redemption ; and the first question made by the assignment of errors is, whether the complainant has brought before the court all persons whom it was necessary to make parties defendants. The complainant, however, insists that the objection for the want of parties was neither taken by demurrer, plea or answer, and therefore it should not bo allowed, even if the bill was defective in this respect. The general rule is, that a defect for the want of parties defendants must be taken advantage…
2Cited by20 opinions
- City of Austin v. CahillTexas Supreme Court · 1905
- Prout v. HogeSupreme Court of Alabama · 1876
- City of Mobile v. Gulf Development Co.Supreme Court of Alabama · 1965
- Ebell v. BursingerTexas Supreme Court · 1888
- Reid v. City of BirminghamSupreme Court of Alabama · 1963
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