Maulden, Montague & Co. v. Armistead
Supreme Court of Alabama
Error, to the Chancery Court of'Marengo. Tried before the Hon. J. W. Lesesne. This bill was filed by the plaintiffs against the defendants in error, one of whom is William Armistead, the executor of James Semple, deceased.
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Error, to the Chancery Court of'Marengo. Tried before the Hon. J. W. Lesesne. This bill was filed by the plaintiffs against the defendants in error, one of whom is William Armistead, the executor of James Semple, deceased. It alleges that on the 25th of February 1842, Robert B. Armistead was indebted to the complainants by account, in the sum of $1900, and that on that day, they accepted, for the accommodation of the said Robert' B., his draft on them for $2000, payable one hundred and twenty-five days after date, upon the express promise and hypothecation by him of his crop of cotton to be…
1Opinion of the CourtDargan, C. J.
We will first examine the right of the complainants to retain the proceeds of the crop of cotton raised by Robert B. Armistead in the year 1842, in opposition to the deed executed by him to James Semple on the 17th day of March, 1842; and then we will endeavor to ascertain their rights under that deed. If we can come to correct conclusions on these questions, we then can see whether the chancellor erred in dissolving the injunction.
*510That the deed executed by Robert B. Armistead, on the l'7th day of March 1842, was valid and conveyed to him the legal title to the cotton, is not an open…
2Cases cited2 opinions
- Rembert v. BrownSupreme Court of Alabama · 1850
- Mauldin, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1848
3Cited by3 opinions
- Tomlinson v. GreenfieldSupreme Court of Arkansas · 1876
- Miller v. BatesSupreme Court of Alabama · 1860
- Maullen v. ArmisteadSupreme Court of Alabama · 1857