Fulgham v. Morris
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. ThoMAS Conns. This was a bill in equity, filed on 11th April, 1883, by fm. H. Morris and J. N. Hall against N. W. Eulgham and G. W. Marshall, to foreclose a chattel mortgage executed by Fulg-ham on 10th January, 1882, to W. K. Rosser and S. B. Eth-ridge, to secure an indebtedness of $2500, payable in installments, evidenced by promissory notes.
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Appeal from Jefferson Chancery Court. Heard before Hon. ThoMAS Conns. This was a bill in equity, filed on 11th April, 1883, by fm. H. Morris and J. N. Hall against N. W. Eulgham and G. W. Marshall, to foreclose a chattel mortgage executed by Fulg-ham on 10th January, 1882, to W. K. Rosser and S. B. Eth-ridge, to secure an indebtedness of $2500, payable in installments, evidenced by promissory notes. The notes remaining unpaid at the time the bill was filed, amounting in the aggregate to $800, had been assigned to the complainants; and two of them, each for $100, were at that time past due.…
1Opinion of the Court
BRICKELL, O. J.
1. A mortgage of chattels passes the legal title to the mortgagee, and if he assigns the mortgage debt, without an assignment of the mortgage, the legal title remains in him. In a court of equity the assignment of the debt, if not otherwise expressed, operates an assignment of the mortgage, entitling the assignee to proceed to its foreclosure. But the mortgagee, having the legal title, is an indespensable party, in whose absence the court will not proceed to a decree, for the reason that the decree would not bind the legal title, and could not, without the peril of future…
2Cases cited6 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Walker v. HallettSupreme Court of Alabama · 1840
- McLean v. Presley's Adm'rSupreme Court of Alabama · 1876
- Mussina v. BartlettSupreme Court of Alabama · 1838
- Levert v. RedwoodSupreme Court of Alabama · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Loeb v. McCulloughSupreme Court of Alabama · 1885
- Comer v. BraySupreme Court of Alabama · 1887
- Fields v. Drennen & Co.Supreme Court of Alabama · 1896
- McGregor v. ShippSupreme Court of Alabama · 1939
- Perrine Sawmill Co. v. PowellSupreme Court of Alabama · 1924
3 more not listed; retrieve them via the Exa API.