Legal Opinion

Jackson v. Hooper & Nolen

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 10 opinions

Appear from the Chancery Court of Tallapoosa. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by the appellees, Hooper & Nolen, to foreclose a certain mortgage, which they held on certain property belonging to the appellant, C. J. Jackson, situated in Alexander City, Tallapoosa county, Alabama, and asking that a receiver be appointed to take charge of the property pending the foreclosure suit, aud to rent, insure and keep the .same from waste.

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Appear from the Chancery Court of Tallapoosa. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by the appellees, Hooper & Nolen, to foreclose a certain mortgage, which they held on certain property belonging to the appellant, C. J. Jackson, situated in Alexander City, Tallapoosa county, Alabama, and asking that a receiver be appointed to take charge of the property pending the foreclosure suit, aud to rent, insure and keep the .same from waste. It was averred in the bill that the respondent, C. J. Jackson, was insolvent, that the property was insufficient to pay the…

1Opinion of the CourtColeman, J.

The appellees filed their bill to foreclose a mortgage,, and prayed for the appointment of a receiver pending the foreclosure suit. The court granted , the motion, and the appeal is prosecuted from the order appointing a receiver. The averments of the bill, upon which the appointment of the receiver was prayed, are, that the value of the property is inadequate to pay the *639mortgage debt, that the respondents are insolvent, and refuse to deliver possession of the property, that they are collecting the rents and applying them to their own use, instead of to the mortgage debt, that respondents…

2Cases cited4 opinions

  1. Lehman Bros. v. Tallassee Manufacturing Co.Supreme Court of Alabama · 1879
  2. Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
  3. Eslava v. CramptonSupreme Court of Alabama · 1878
  4. Hendrix v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1891

3Cited by10 opinions

  1. West v. State Ex Rel. MatthewsSupreme Court of Alabama · 1937
  2. Skidmore v. StewartSupreme Court of Alabama · 1917
  3. Saxon v. ParsonSupreme Court of Alabama · 1921
  4. Brasher v. GraysonSupreme Court of Alabama · 1928
  5. Albritton v. Lott-Blackshear Commission Co.Supreme Court of Alabama · 1910

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