Davidson v. Shipman
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. The bill was filed by the plaintiff in error, to foreclose a mortgage on slaves and other property, executed by Thomas Crawford on the 26th March, 1889, to secure them as his sureties upon two notes payable to the Branch Bank of Mobile, on the 1st of May, 1839 and 1840, amounting in the whole to $12,676 91. By the terms of the deed, the mortgagor was to remain in possession of the property until the mortgagees sustained loss or…
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Appeal from the Chancery Court of Tuskaloosa. The bill was filed by the plaintiff in error, to foreclose a mortgage on slaves and other property, executed by Thomas Crawford on the 26th March, 1889, to secure them as his sureties upon two notes payable to the Branch Bank of Mobile, on the 1st of May, 1839 and 1840, amounting in the whole to $12,676 91. By the terms of the deed, the mortgagor was to remain in possession of the property until the mortgagees sustained loss or injury by reason of default of payment. That the mortgagor made default, and that on the 21st June, 1841, the plaintiffs…
1Opinion of the CourtOrmond, J.
It is the settled law of this court, that the pos-sessory interest of a mortgagor, or of the maker of a deed of trust, may be sold under execution, and by a purchase at such sale, the purchaser acquires such an interest only as the defendant in execution has in the property. In this there is no difficulty, as no one claiming title to, or an interest in the property, would bo concluded thereby. But when a claim is improperly interposed, as by a mortgagee, when the law day has not arrived, many embarrassing questions arise — ‘for as the plaintiff in execution has an undoubted right to attack…
2Cases cited11 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Burt v. SternburghNew York Supreme Court · 1825
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Smith v. SherwoodSupreme Court of Connecticut · 1822
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Bond v. MarkstrumMichigan Supreme Court · 1894
- Haas v. TaylorSupreme Court of Alabama · 1886
- Boswell & Woolley v. Carlisle, Jones & Co.Supreme Court of Alabama · 1881
10 more not listed; retrieve them via the Exa API.