Cullum v. Batre's Ex'rx
Supreme Court of Alabama
ChaRles Batre, the testator of the defendant in error, in April, 1838, filed his bill on the equity side of the Circuit Court of Mobile, against Chas. Cullum, Burlin Brown, Thomas J. Cawley and Charles Gascoigne, for the foreclosure of a mortgage.of a tract of land, situate in the County of Mobile. The mortgage was' executed to Geo.
Read the full summary
ChaRles Batre, the testator of the defendant in error, in April, 1838, filed his bill on the equity side of the Circuit Court of Mobile, against Chas. Cullum, Burlin Brown, Thomas J. Cawley and Charles Gascoigne, for the foreclosure of a mortgage.of a tract of land, situate in the County of Mobile. The mortgage was' executed to Geo. J. S. Walker, by Brown and Cawley, to secure two promissory notes, amounting, in the aggregate, to the sum of three thousand six hundred fifty-seven dollars and fifty cents; and the notes and mortgage were transferred to the complainant. It is further stated, that…
1Opinion of the CourtCollier, C. J.
— It is objected to the decree of the Chancellor — 1. That the suit abated by the death of the complainant, and has not been regularly revived. 2. That the defendant Brown was hot brought into Court, so as to become subject, to its decree, either by service of process, or publication. 3. The bill having been amended, after subpoena served on two of the defendants, and publication ordered as to a third, the decree pro confesso was erroneous; because it should have been preceded by new process. 4. That no decree could have been made in favor of the defendant Goscoigne for the amount due on his…
2Cases cited1 opinion
- Harris v. Carter's AdministratorsSupreme Court of Alabama · 1830
3Cited by18 opinions
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Gravlee v. LamkinSupreme Court of Alabama · 1897
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
- Doe ex dem. Chaudron v. MageeSupreme Court of Alabama · 1845
13 more not listed; retrieve them via the Exa API.