Whelan v. McCreary
Supreme Court of Alabama
Appeal from tbe Chancery Court of Mobile. Heard before the Hon. H. Austill. Tbe bill in this case was filed on tbe 24th December, 1875, by Mrs. Mary A. Whelan, against William M. McCreary, Mrs. Susan J. Cunningham, as the executrix of tbe last will and testament of her deceased husband, James CunniDgham; and also against Jesse J. Melton and wife, and the Mobile Life Insurance Company.
Read the full summary
Appeal from tbe Chancery Court of Mobile. Heard before the Hon. H. Austill. Tbe bill in this case was filed on tbe 24th December, 1875, by Mrs. Mary A. Whelan, against William M. McCreary, Mrs. Susan J. Cunningham, as the executrix of tbe last will and testament of her deceased husband, James CunniDgham; and also against Jesse J. Melton and wife, and the Mobile Life Insurance Company. Its object was to set aside a sale of a certain house and lot in the city of Mobile, which bad been sold by said James Cunningham, under a power of sale contained in a mortgage, and conveyed by him to said…
1Opinion of the CourtBeickell, C. J.
These are cross-appeals from a decree rendered by the Court of Chancery, on a bill filed by Mary A. Whelan, seeking to subject real estate in the city of Mobile, to the satisfaction of a debt due her from one Melton, who had by mortgage conveyed said' premises to one Cunningham, as her agent, for the security of said debt. The mortgage describes Cunningham as agent, without expressing for whom he was agent; and the promissory note of Melton is payable to him in the same manner. Under a power in the mortgage, Cunningham, on the first day of July, 1872, made sale of the premises; and McCreary…
2Cases cited3 opinions
- Wells v. MorrowSupreme Court of Alabama · 1861
- Boyd v. BeckSupreme Court of Alabama · 1857
- Terrell v. Branch Bank at MobileSupreme Court of Alabama · 1847
3Cited by13 opinions
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- Wilson v. HoltSupreme Court of Alabama · 1887
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Union Cent. Life Ins. Co. v. RobinsonCourt of Appeals for the Fifth Circuit · 1906
8 more not listed; retrieve them via the Exa API.