Austin v. Bean
Supreme Court of Alabama
Appeal from the City Court of Decatur. Heard before the Hon. W. H. Simpson. The original bill in this case was filed on February 12, 1891, to foreclose a mortgage, executed by V. L. Austin and wife, Elizabeth Austin, .to John D. Rather on February 12, 1884, and which mortgage was transferred by said Rather to B. F. Bean on March 26, 1885. The said transferee, B. F. Bean, died, and the executor of his last will and testament, L. G. Bean, is the complainant in the present…
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Appeal from the City Court of Decatur. Heard before the Hon. W. H. Simpson. The original bill in this case was filed on February 12, 1891, to foreclose a mortgage, executed by V. L. Austin and wife, Elizabeth Austin, .to John D. Rather on February 12, 1884, and which mortgage was transferred by said Rather to B. F. Bean on March 26, 1885. The said transferee, B. F. Bean, died, and the executor of his last will and testament, L. G. Bean, is the complainant in the present suit. The said V. D. Austin and Elizabeth Austin died before the present bill was filed, and left surviving them as…
1Opinion of the CourtHead, J.
Wm. H. Austin, Taylor Austin and Mollie Roper, nee Austin, acquired by descent from their father, Virgil Austin, deceased, 396 acres of land, described in the bill. This land, at the death of Virgil, was encumbered by a mortgage which he had executed thereon to John D. Rather for $1,262, which debt and mortgage, by assignment, became the property of B. F. Bean. The note which the mortgage was given to secure was executed by said Virgil and his son, the said Wm. H. Austin, so far as the note itself discloses, as principal debtors. Virgil Austin died in 1885. On the 3d day of October, 1887, Wm.…
2Cited by67 opinions
- Goodloe v. Memphis & Charleston RailroadSupreme Court of Alabama · 1894
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1929
- Continental Jewelry Co. v. Pugh Bros.Supreme Court of Alabama · 1910
- Obermark v. ClarkSupreme Court of Alabama · 1927
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
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