Ashurst v. Gibson
Supreme Court of Alabama
Appeal from the Chancery -Court of Macon. Heard before the Hon. N. S. Graham. Bill was filed in said Chancery Court by Allen C. Gibson, -appellee, against J. F. and F. E. Ashurst, alleging in substance as follows: That said Ashurts, although they reside in Tallapoosa county, Alabama, own real estate, a material portion of which, the subject-matter of this Jsrtit, is situated in Macon county, Alabama; that on the 27th of February, 1874, they executed to one Churchill Gibson…
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Appeal from the Chancery -Court of Macon. Heard before the Hon. N. S. Graham. Bill was filed in said Chancery Court by Allen C. Gibson, -appellee, against J. F. and F. E. Ashurst, alleging in substance as follows: That said Ashurts, although they reside in Tallapoosa county, Alabama, own real estate, a material portion of which, the subject-matter of this Jsrtit, is situated in Macon county, Alabama; that on the 27th of February, 1874, they executed to one Churchill Gibson their promissory note, payable on the first day of December, 1874, with interest from date, in the sum of $3,254.99; that…
1Opinion of the CourtBrickell, C. J.
The bill is filed to foreclose a mortgage of real and personal property, against defendants, residing in another county and district, than that in which it-is filed. But a material portion of the real estate conveyed by the mortgage, is situate in the county in which it is filed. The demurrer and the plea to the jurisdiction present the same question — whether jurisdiction of the person of the defendants resided in the court in which the bill was filed, or' was in the court of the county and district of their residence. The statute, prior to the act of March 17,1873, required that bills…
2Cited by14 opinions
- Smith v. SmithCalifornia Supreme Court · 1891
- Hammons v. HammonsSupreme Court of Alabama · 1933
- LeBreton v. Superior Court of San FranciscoCalifornia Supreme Court · 1884
- Associated Grocers of Alabama v. Graves Co.Supreme Court of Alabama · 1961
- Clark v. SmithSupreme Court of Alabama · 1915
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