Ely v. M'Clung
Supreme Court of Alabama
In error to a decree of the Circuit Court of Mad-, ison, exercising Chancery jurisdiction. This case arose upon a bill in Chancery, filed by William Ely, Commissioner of the funds of the Arne-rican Deaf and Dumb Asylum, at Hartford, Connecticut, against James W. M’ Clung, the surety of one Jesse D. Noble; the object of which was to foreclose a mortgage.
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In error to a decree of the Circuit Court of Mad-, ison, exercising Chancery jurisdiction. This case arose upon a bill in Chancery, filed by William Ely, Commissioner of the funds of the Arne-rican Deaf and Dumb Asylum, at Hartford, Connecticut, against James W. M’ Clung, the surety of one Jesse D. Noble; the object of which was to foreclose a mortgage. The bill charged, that on or about the nineteenth day of June, one thousand eight hundred and twenty-eight, defendant being seized in fee, of a certain lot or parcel of land, in the town of Huntsville, and being indebted to orator, in the sum…
1Opinion of the CourtHitchcock, C. J.
— This was a bill in Equity, filed in the Circuit Court of Madison county, by the plaintiff in error, against the defendant, to foreclose a mortgage. The defence set up is usury. -
The facts of the case, as disclosed by the answer and depositions, are, that the complainant, as commissioner of the funds of the American Asylum, at Hartford, Connecticut, for the education of the deaf and dumb, had in his hands, at Huntsville, in this State, in March, eighteen hundred and twenty-four, a considerable sum of money, which had been received by him for said institution, being the proceeds of the sales…
2Cases cited1 opinion
- Merritt & Myers v. BentonNew York Supreme Court · 1833
3Cited by6 opinions
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Street v. Alexander City BankSupreme Court of Alabama · 1919
- Willis v. BuchmanAlabama Court of Appeals · 1940
- Miller v. BatesSupreme Court of Alabama · 1860
- Barr v. CollierSupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.