Legal Opinion

Chilton v. Ala. Gold Life Insurance

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 2 opinions

Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Trios. M. Arrington. The bill in this case was filed on the 15th December, 1881, by the Alabama Gold Life Insurance Company, a domestic corporation, against Margaret L. Chilton and others; and sought to foreclose a mortgage on certain real estate in the city of Montgomery, known as the “Montgomery Female College” property.

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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Trios. M. Arrington. The bill in this case was filed on the 15th December, 1881, by the Alabama Gold Life Insurance Company, a domestic corporation, against Margaret L. Chilton and others; and sought to foreclose a mortgage on certain real estate in the city of Montgomery, known as the “Montgomery Female College” property. The mortgage, a copy of which was made an exhibit to the bill, was executed by Mrs. Lavinia T. Chilton, deceased ; was dated the 6th July, 1872, and given to secure the payment of two promissory…

1Opinion of the CourtBriokell, C. J.

— The making defendants to a suit in *293equity of parties residing without the State, upon whom process is not served, and who have only constructive notice by publication in a newspaper, is statutory : it is not according to the ordinary practice of the court, and not within its ordinary jurisdiction. A final decree rendered against a defendant not appearing, made a party only by publication under the statute and the rules which have been adopted to carry the statute into effect,, can not be supported, when directly assailed on error, unless the record affirmatively shows a decree pro confesso,…

2Cases cited3 opinions

  1. Gunn v. HowellSupreme Court of Alabama · 1855
  2. Hartley v. BloodgoodSupreme Court of Alabama · 1849
  3. Hanson v. PattersonSupreme Court of Alabama · 1850

3Cited by2 opinions

  1. McFarlen v. EdwardsCourt of Civil Appeals of Alabama · 1984
  2. Wells v. American Mortgage Co.Supreme Court of Alabama · 1898

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