Watson v. Rose's Executors
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam C. Eblder. The bill in this case was filed on the 11th March, 1871, by the executors of the last will and testament óf Howell Rose, deceased, against Mrs. Sarah S. Watson, who was the widow of H. P. Watson, deceased; and also against the personal representative of said H. P. Watson, the personal representative of William H. Rives, deceased, and Charles G. Gunter, a nonresident.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam C. Eblder. The bill in this case was filed on the 11th March, 1871, by the executors of the last will and testament óf Howell Rose, deceased, against Mrs. Sarah S. Watson, who was the widow of H. P. Watson, deceased; and also against the personal representative of said H. P. Watson, the personal representative of William H. Rives, deceased, and Charles G. Gunter, a nonresident. Its'object was to establish a mortgage, which was lost when the bill was filed, but was afterwards found, pending the suit, in the office of the…
1Opinion of the CourtPeters, C. J.
On the 25th day of March, 1860,; Hugh P. Watson procured Charles G. Gunter and Wm. H. Rives to draw a bill of exchange of that date for his accommodation, payable to Howell Rose, for $6,000, falling due in twelve months after date, which was accepted by Watson himself. After this, on the 28th day of March, I860, Watson executed a mortgage to said Gunter and Rives, of one hundred shares of the capital stock of the “ Montgomery Hall Company,” and some other property, to “ save said Gunter and Rives harmless in the premises, and to prevent them, or either of them, from any loss or detriment in…
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