Legal Opinion

Burnham & Co. v. Martin

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 1 opinion

Appeal from Chancery Court of Lauderdale. Heard before Hon. H. C. Speake. The opinion states the case.

1Opinion of the CourtBrickell, C. J.

A mortgagee may, in the first instance, proceed in a court of equity to foreclose his mortgage, although he is clothed with a power of sale. To prevent a multiplicity of suits, and a sale under legal process against the mortgagor, he may join judgment or attaching creditors, claiming hens in opposition to the mortgage.—Ala. Life Ins. & Trust Co. v. Petway, 24 Ala. 344; McGowan v. Br. Bank Mobile, 7 Ala. 823; Marriott & Hardesty v. Givens, 8 Ala. 694; Of this character is the bill filed by the appellants. The seniority of the judgments in favor of the appellees, Hill, Fountaine & Co., and…

2Cases cited7 opinions

  1. Marriott v. GivensSupreme Court of Alabama · 1845
  2. Wood v. GarySupreme Court of Alabama · 1843
  3. Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
  4. McGowan v. Branch Bank at MobileSupreme Court of Alabama · 1845
  5. Patton v. Hayter, Johnson & Co.Supreme Court of Alabama · 1848

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902

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