Mobile & Cedar Point R. R. v. Talman & Ralstons
Supreme Court of Alabama
Error to the Court of Chancery of the 1st District. Before the Hon. A. Crenshaw, Chancellor. This was a bill filed by the defendants in error, against the plaintiffs in error. The facts, &c. are so fully set out in the opinion of the court, that it is unnecessary to state them here. The chancellor decreed in favor of defendants in error. 1. The bill is multifarious. Two mortgages are joined in one bill.
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Error to the Court of Chancery of the 1st District. Before the Hon. A. Crenshaw, Chancellor. This was a bill filed by the defendants in error, against the plaintiffs in error. The facts, &c. are so fully set out in the opinion of the court, that it is unnecessary to state them here. The chancellor decreed in favor of defendants in error. 1. The bill is multifarious. Two mortgages are joined in one bill. They are made to distinct parties, at different times, one embraces property which is not in the other — to litigate one, parties are necessary, which are not as to the other, and one of the…
1Opinion of the CourtChilton, J.
This bill was filed by George F. Taiman, Ashbel Ralston and Gerard Ralston against the Mobile and Cedar Point Rail Road Company, Miguel De Eslava, Alexis D. Durand, and Michael Portier, and*charges that on the 19th June, 1839, the Mobile and Cedar P. R. R. Co. being indebted to the American Life Insurance and Trust Co., a corporation situate in the State of Maryland, in the sum of $5,810 50, the better to secure the same, executed to said Trust Co., of that date, a mortgage, granting to said Company certain real estate in the city of Mobile, to secure the payment of said indebtedness, which…
2Cases cited13 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Vose v. GrantMassachusetts Supreme Judicial Court · 1819
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Chapman v. ChunnSupreme Court of Alabama · 1843
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3Cited by26 opinions
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Savage v. BenhamSupreme Court of Alabama · 1849
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
- Lavretta v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Fash v. RavesiesSupreme Court of Alabama · 1858
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