Brown v. Lang
Supreme Court of Alabama
The plaintiff in error filed his bill in the Court of Chancery holden at Mobile, setting forth that on the 18th March, 1837, at the request of Willis Lang, who was then a copartner in trade with Colin C. McRae, under the firm of McRae & Lang, he indorsed a promissory note,made by the concern,for twelve hundred and twenty-five dollars, which was duly discounted by the Bank of Mobile.
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The plaintiff in error filed his bill in the Court of Chancery holden at Mobile, setting forth that on the 18th March, 1837, at the request of Willis Lang, who was then a copartner in trade with Colin C. McRae, under the firm of McRae & Lang, he indorsed a promissory note,made by the concern,for twelve hundred and twenty-five dollars, which was duly discounted by the Bank of Mobile. Before the maturity of the note Lang died, and administration of his estate was granted to Catharine Lang, his widow,by the Orphans’ Court of Mobile. To enable the administratrix to renew and continue the…
1Opinion of the CourtCollier, C. J.
The object of the plaintiff’s bill is not to obtain an assignment of the judgment recovered by the Bank against McRae and Mrs. Lang. If that judgment was distinct from the judgment rendered against the plaintiff, or was not satisfied by the payment of the latter, it would be entirely competent for Chancery to direct it to be transferred upon a bill exhibited with a view to such a result. [Creager v. Bengle, 4 H. and John. Rep. 234; Watts v. Kinney, 3 Leigh. Rep. 272.] But the assumed equity of the bill is, that the plaintiff, as the indorser of Mrs. Lang, &c. has paid a note, which had been…
2Cited by7 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Houston v. Br. Bank at HuntsvilleSupreme Court of Alabama · 1854
- Zook v. ClemmerIndiana Supreme Court · 1873
- Colvin v. OwensSupreme Court of Alabama · 1853
- Brown v. LangSupreme Court of Alabama · 1848
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