Legal Opinion

Wiley, Banks & Co. v. Knight

Supreme Court of Alabama

Decided June 15, 1855PublishedCited by 39 opinions

Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Claris. This bill was filed by the appellants, asking the reformation of a certain deed of mortgage executed by J. A. & W. H. Knight, and an injunction against several judgment creditors of the mortgagors who bad levied on the property.

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Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Claris. This bill was filed by the appellants, asking the reformation of a certain deed of mortgage executed by J. A. & W. H. Knight, and an injunction against several judgment creditors of the mortgagors who bad levied on the property. The mortgage, which was made an exhibit to the bill, is dated February 9, 1852, and the law-day is January 1, 1858. The debt secured is described as due by promissory note for $9,500, bearing even date with the mortgage, and falling due on said January 1, 1858 ; and the property conveyed…

1Opinion of the CourtChilton, C. J.

The proof, which we have carefully examined, satisfies our mind, that at the time of the execution of the mortgage in question, the firm of J. A. & W. H. Knight was insolvent; and the circumstances are such as, when taken together, to fix notice of their inability to pay all their debts upon Wiley, Banks & Co. -This last named firm resided in Charleston, where the Messrs. Knight had purchased their goods to carry on their mercantile concern, which was located'at Auburn in this State, at which place they were largely indebted when the mortgage was given. Some of these debts were due in 1850,…

2Cases cited2 opinions

  1. Colton v. RossNew York Court of Chancery · 1831
  2. Hobson v. Heirs of McArthurSupreme Court of the United States · 1842

3Cited by39 opinions

  1. Crawford v. KirkseySupreme Court of Alabama · 1876
  2. Hubbard v. AllenSupreme Court of Alabama · 1877
  3. Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
  4. Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
  5. Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930

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