Chadwick v. Carson
Supreme Court of Alabama
Appeal from the Chancery Court of St. Clair. Heard before the Hon. John A. Foster. The original bill in this case was filed, on the 23d September, 1880, by Shelby W. Chadwick, as trustee under the will of Mrs. Eliza M. Erwin, deceased, against Thomas K. Carson and others ; and sought the foreclosure of a mortgage, which said Carson had executed to the complainant, and a copy of which was made an exhibit to the bill.
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Appeal from the Chancery Court of St. Clair. Heard before the Hon. John A. Foster. The original bill in this case was filed, on the 23d September, 1880, by Shelby W. Chadwick, as trustee under the will of Mrs. Eliza M. Erwin, deceased, against Thomas K. Carson and others ; and sought the foreclosure of a mortgage, which said Carson had executed to the complainant, and a copy of which was made an exhibit to the bill. An amended bill was afterwards filed, which asked a reformation of the mortgage by correcting an alleged mistake in the description of the lands conveyed, or intended to be…
1Opinion of the CourtStone, C. J.
We will first consider this case without any reference to the bankruptcy of Thomas K. Carson ; in other words, as if he liad never been adjudged a bankrupt.
In Wood v. Lake, 62 Ala. 189, we traced, to some extent, the history of our legislation which provides for the registration of deeds and mortgages, as a means of giving notice of their existence. The purpose and policy of such statutes are, that purchasers and mortgagees shall not be misled or defrauded in acquiring lands, or an interest in them, after they have been made the subject of a prior conveyance or incumbrance. Registration is…
2Cases cited17 opinions
- Wilson v. City BankSupreme Court of the United States · 1873
- McIver Lessee v. Walker and AnotherSupreme Court of the United States · 1815
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Herring v. SkaggsSupreme Court of Alabama · 1878
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Payne v. CrawfordSupreme Court of Alabama · 1893
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
- Sloss v. GlazeSupreme Court of Alabama · 1935
- King v. PaulkSupreme Court of Alabama · 1887
- Winston v. HodgesSupreme Court of Alabama · 1893
14 more not listed; retrieve them via the Exa API.