Huckaba v. Abbott
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. James W. Lapsley. This action was brought by Henry H. Huckaba against Mrs. Elizabeth Abbott, the widow of James W. Abbott, deceased, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 3d May, 1887. The plaintiff claimed the land under a mortgage executed to him by the defendant and her deceased husband, which was dated December 26th, 1882, and…
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Appeal from the Circuit Court of Randolph. Tried before the Hon. James W. Lapsley. This action was brought by Henry H. Huckaba against Mrs. Elizabeth Abbott, the widow of James W. Abbott, deceased, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 3d May, 1887. The plaintiff claimed the land under a mortgage executed to him by the defendant and her deceased husband, which was dated December 26th, 1882, and purported to be given to secure the payment of a promissory note for $500, of even date with the mortgage, and payable on the…
1Opinion of the CourtStone, C. J.
It is settled in this State, that a mortgage for future advances is a valid security, and that when it recites an existing debt as its consideration, it is no violation of the law of evidence to receive proof that the actual consideration was advances to be afterwards made.—Tison v. People's Sav. & L. Asso., 57 Ala. 323; Forsyth v. Preer, 62 Ala. 443; Collier v. Faulk, 69 Ala. 58. Such mortgage, if not assailed on other grounds, is valid between the parties; but this rule has some limitations, when assailed by outside creditors or purchasers.—Faulk v. Martin, 69 Ala. 59; Marks v. Robinson, 82…
2Cases cited5 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Collier v. FaulkSupreme Court of Alabama · 1881
- Tison & Gordon v. People's Saving & Loan Ass'nSupreme Court of Alabama · 1876
- Forsyth v. Preer, Illges & Co.Supreme Court of Alabama · 1878
3Cited by12 opinions
- In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Espalla v. Richard & SonsSupreme Court of Alabama · 1891
- Lanier v. Union Mortgage, Banking & Trust Co.Supreme Court of Arkansas · 1897
- Thomas v. BlairSupreme Court of Alabama · 1922
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