Scott, Harper & Co. v. Dansby
Supreme Court of Alabama
Error to the Chancery Court of Greene. The bill was filed by the plaintiffs in error, to foreclose a mortgage, alledged to have been made by E. & I. Dansby ; on certain slaves, and alledges a sale by the complainants to E. & I. Dansby, of certain slaves, which were to be paid for at certain periods, and for the payment of which certain bills of exchange were drawn.
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Error to the Chancery Court of Greene. The bill was filed by the plaintiffs in error, to foreclose a mortgage, alledged to have been made by E. & I. Dansby ; on certain slaves, and alledges a sale by the complainants to E. & I. Dansby, of certain slaves, which were to be paid for at certain periods, and for the payment of which certain bills of exchange were drawn. That the bills of exchange were not paid at maturity, and were duly protested, and that on application of the complainants to E. & I. Dansby, they agreed to secure him by giving him a lien on the slaves, and for that purpose,…
1Opinion of the CourtOrmond, J.
The object of the bill is, to have the benefit of a mortgage alledged to have been made by E. & I. Dansby, on certain slaves, to secure the payment of a debt due by them to the plaintiffs in error. The instrument on its face purports to be made to secure a debt due from Elijah Dansby, to Scott, Harper & Co., and stipulates for his possession of the slaves mentioned in the mortgage, subject to the lien then created. It is signed with the firm name of E. & I. Dansby, and it is alledged in the bill, that this was done by Elijah Dansby, with the approbation of I. Dansby, or that he afterwards…
2Cited by4 opinions
- Floyd v. Ritter's Adm'rSupreme Court of Alabama · 1876
- Cribb v. MorseWisconsin Supreme Court · 1890
- Flake v. Day & Co.Supreme Court of Alabama · 1853
- Quarles v. Kendrick Mercantile Co.Alabama Court of Appeals · 1918