Legal Opinion

McRae v. Newman

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 4 opinions

Appeal from tbe Chancery Court of Barbour. Heard before tbe Hon. B. B. MoGraw. I. As Kolb bad no legal estate at tbe time be made tbe mortgage to Newman, no legal estate passed by tbat conveyance to Newman; tbe mortgage conveyed only tbe equitable estate which Kolb then bad for tbe security of tbe debt to Newman. — Ghapman v. Glassel, 13 Ala. 54; Edmonson v. Montague, 14 Ala. 376. II.

Read the full summary

Appeal from tbe Chancery Court of Barbour. Heard before tbe Hon. B. B. MoGraw. I. As Kolb bad no legal estate at tbe time be made tbe mortgage to Newman, no legal estate passed by tbat conveyance to Newman; tbe mortgage conveyed only tbe equitable estate which Kolb then bad for tbe security of tbe debt to Newman. — Ghapman v. Glassel, 13 Ala. 54; Edmonson v. Montague, 14 Ala. 376. II. Kolb’s subsequent acquisition of tbe legal title did not enure to Newman, so as to unite tbe legal to the equitable estate conveyed to Mm by tbe mortgage; for tbe mortgage could act upon tbe subsequently…

1Opinion of the CourtManning, J.

Appellee, Newman, a citizen of Virginia, was in 1866, owner of a plantation in Barbour county, Ala*533bama, called the “Fitzhugh Place”; and in September of that year, an agreement was made between him and Eeuben F. Kolb, (who then occupied the premises under a lease from Newman,) for a sale of the property to Kolb for $10,000; of which Kolb was to pay $4,000, in cash, and for the balance, give his two notes of $3,000 each, secured by a mortgage of the premises, and payable with interest from 1st of January, 1867, at one and two years after date. Upon making the first payment, and the notes and…

2Cases cited1 opinion

  1. Boynton v. SawyerSupreme Court of Alabama · 1860

3Cited by4 opinions

  1. Shahan v. Herzberg, Simpson & Co.Supreme Court of Alabama · 1882
  2. Sherrod v. Hollywood Holding CorporationSupreme Court of Alabama · 1937
  3. Blackman v. EngramSupreme Court of Alabama · 1926
  4. Health Science Products, Inc. v. Taylor (In Re Health Science Products, Inc.)United States Bankruptcy Court, N.D. Alabama · 1995

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API