Legal Opinion

Peet & Co. v. Hatcher

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 35 opinions

Appeal from the Chancery Court of Russell. Heard before the Hon. John A. Foster. The bill in this case was filed by the appellants against the appellees,'to foreclose a mortgage. The facts of the case are sufficiently stated in the opinion. On the final submission of the cause on the pleadings and proof, the chancellor decreed that the complainants were not entitled to the relief prayed for, and ordered the bill dismissed.

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Appeal from the Chancery Court of Russell. Heard before the Hon. John A. Foster. The bill in this case was filed by the appellants against the appellees,'to foreclose a mortgage. The facts of the case are sufficiently stated in the opinion. On the final submission of the cause on the pleadings and proof, the chancellor decreed that the complainants were not entitled to the relief prayed for, and ordered the bill dismissed. From this decree the complainants appeal, and assign the rendition thereof as error. 1. The consideration of the note and mortgage was void. It was an independent…

1Opinion of the CourtHead, J.

This is a bill filed by the appellants to foreclose a mortgage executed by the appellee, B. T. *519Hatcher, and his wife, to one G. P. Ellis, on the 26th day of June, 1885, on certain lands therein described, situate in Russell county, Ala., to secure a note executed by him to the said Ellis, in the sum of ten thousand dollars, payable on the first day of November, 1885. In the fall of 1883, the complainants, Peet & Co., were cotton brokers in the city of New Orleans, engaged in buying and selling cotton futures, for customers, on the New Orleans Cotton Exchange, of which they were members. They…

2Cases cited18 opinions

  1. Norris v. HarrisCalifornia Supreme Court · 1860
  2. Carpenter v. DexterSupreme Court of the United States · 1869
  3. Holmes v. BroughtonNew York Supreme Court · 1833
  4. Fenno v. SayreSupreme Court of Alabama · 1842
  5. Hawley v. BibbSupreme Court of Alabama · 1881

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3Cited by35 opinions

  1. Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
  2. Tiner v. StateSupreme Court of Alabama · 1966
  3. Daniels v. StateCourt of Criminal Appeals of Alabama · 1985
  4. American Mutual Life Insurance v. MasonIndiana Supreme Court · 1902
  5. Lassiter v. Railroad Co.Supreme Court of North Carolina · 1904

30 more not listed; retrieve them via the Exa API.

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