Coker v. Whitlock
Supreme Court of Alabama
Appeal from Chancery Court of Cherokee. Heard before Hon. B. B. McCraw. The appellee, Whitlock, was surety upon the guardianship bond of Poore, who, to indemnify him and the other sureties, executed a deed of trust to Whitlock on the lands in controversy. Poore sold the lands to Coker, executed a conveyance and put him in possession.
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Appeal from Chancery Court of Cherokee. Heard before Hon. B. B. McCraw. The appellee, Whitlock, was surety upon the guardianship bond of Poore, who, to indemnify him and the other sureties, executed a deed of trust to Whitlock on the lands in controversy. Poore sold the lands to Coker, executed a conveyance and put him in possession. Shortly afterwards, Whitlock, in behalf of himself and the other sureties, filed this bill, although he had not been called on to pay any thing on account of the guardianship, and it would be three years before the ward would be of age, at which time, according…
1Opinion of the CourtBrickell, C. J.
The conveyance to appellee, though in form, a deed with trusts, is, in its legal operation and effect, a security for the indemnity of the sureties of the grantor, as guardian, against the contingent liability incurred by them in joining the grantor in the execution of the bond required of him. It does not materially differ from a mortgage — the estate of the grantee, and his rights, are those of a mortgagee — and the estate remaining in the grantor, is that known to courts of equity, and now recognized in courts of law as an equity of redemption. —Elmes v. Southerland, 7 Ala. 262; Pope v.…
2Cases cited8 opinions
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Graham v. LockhartSupreme Court of Alabama · 1845
- Chambers v. MauldinSupreme Court of Alabama · 1842
- Elmes v. SutherlandSupreme Court of Alabama · 1845
- Hutchinson v. DearingSupreme Court of Alabama · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Williams v. Chicago Exhibition Co.Illinois Supreme Court · 1900
- Gravlee v. WilliamsSupreme Court of Alabama · 1896
- Daniel v. CokerSupreme Court of Alabama · 1881
- Reynolds v. LawrenceSupreme Court of Alabama · 1906
- Moriarty v. AshworthSupreme Court of Minnesota · 1890
4 more not listed; retrieve them via the Exa API.