Hinton v. Citizens' Mutual Insurance
Supreme Court of Alabama
Appeal from tbe Chancery Court of Sumter. Heard before tbe Hon. A. W. Dillard. The bill in tbis case was filed on the 22d March, 1876, by tbe “Citizens Mutual Insurance Company,” a corporation chartered under the laws of this State, and located in the city of Mobile; and sought to reform and foreclose a mortgage executed to said company, or to its secretary for its benefit, by the partners composing the firm of G. A. Brown & Sons.
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Appeal from tbe Chancery Court of Sumter. Heard before tbe Hon. A. W. Dillard. The bill in tbis case was filed on the 22d March, 1876, by tbe “Citizens Mutual Insurance Company,” a corporation chartered under the laws of this State, and located in the city of Mobile; and sought to reform and foreclose a mortgage executed to said company, or to its secretary for its benefit, by the partners composing the firm of G. A. Brown & Sons. The mortgage was dated the 25th March, 1875 ; purported to secure the payment of a promissory note for $2,423.90, of even date with the mortgage, and payable on the…
1Opinion of the CourtBrickell, C. J.
1. A decree in chancery, rendered without personal service, against a defendant who does not appear, is not absolute for eighteen months after the rendition thereof. At any time within this period, such defendant has the liberty of filing a petition to open the decree, and to be let in to defend upon the merits ; and if sufficient cause is shown, the chancellor is bound to open the decree, and hear the cause, as if it had not been rendered. — Code of 1876, §§ 3830-31. Upon a petition disclosing merits, the chancellor opened the decree which had been rendered against the appellant, on a decree…
2Cited by12 opinions
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Hertzler v. StevensSupreme Court of Alabama · 1898
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