Legal Opinion

Wilkerson v. Tillman

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 21 opinions

Appeal from the Chancery Court of Russell. Heard before the Hon. N. S. Graham. The bill in this ease was filed on the 27th August, 1879, by William L. Tillman, against Shird Wilkerson and his wife ; and sought to foreclose a mortgage on a tract of land, with other property, executed to the complainant by the said defendants, a copy of which was made an exhibit to the bill.

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Appeal from the Chancery Court of Russell. Heard before the Hon. N. S. Graham. The bill in this ease was filed on the 27th August, 1879, by William L. Tillman, against Shird Wilkerson and his wife ; and sought to foreclose a mortgage on a tract of land, with other property, executed to the complainant by the said defendants, a copy of which was made an exhibit to the bill. The note which the mortgage was given to secure, as shown by the exhibit to the bill, was dated “January, 1874,” signed by said Wilkerson and wife, attested by two witnesses, and in these words : “On the first day of…

1Opinion of the Court

BRICKELL, O. J.

The original bill was filed to foreclose a mortgage on lands, executed by the appellees on the 14th day of February, 1874, for the purpose, as recited, of securing a promissory note of even date therewith, made by the mortgagors, for the payment to the mortgagee, Tillman, of six hundred and eight dollars, on the ensuing first day of October. .It is further recited, that the note “ was given for advances in necessary provisions, horses, mules, farming implements, and in money to purchase the same, obtained by us from "WV L. Tillman, bona fide, for the purpose of making a cropand…

2Cases cited4 opinions

  1. Henry v. Murphy & Co.Supreme Court of Alabama · 1875
  2. Forsyth v. Preer, Illges & Co.Supreme Court of Alabama · 1878
  3. Eckles v. CarterSupreme Court of Alabama · 1855
  4. Thomas v. BarkerSupreme Court of Alabama · 1861

3Cited by21 opinions

  1. Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
  2. Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
  3. First Nat. Bank of Guntersville v. BainSupreme Court of Alabama · 1939
  4. Stringfellow v. IvieSupreme Court of Alabama · 1882
  5. Alabama State Land Co. v. MatthewsSupreme Court of Alabama · 1910

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