Legal Opinion

Lampkin v. Stout

Supreme Court of Alabama

Decided December 21, 1916PublishedCited by 10 opinions

Appeal from Morgan Chancery Court. Heard before Hon. James E. Horton, Jr. Bill by Tennie S. Lampkin as administratrix against L. O. Stout and others to enjoin the foreclosure of a mortgage. From a decree dismissing complainant’s bills he appeals.

1Opinion of the CourtMcCLELLAN, J.

— On May 22, 1911, R. B. White and wife executed to S. W. Irwin and L. O. Stout a note and mortgage for a $800 loan, payable on May 22, 1912. On October 26, 1911, A. B. Lampkin, since deceased, bought from White the land described in the mortgage, assuming the mortgage debt, upon the principal of'which White had made no payment, and gave his note for a like principal sum, payable 90 days after February 22, 1913, on which, with Lampkin, White became a joint obligor. All the parties regarded the debt as bearing interest at 8 per cent., payable quarterly from the date of the first note. Lamp-kin…

2Cases cited3 opinions

  1. Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
  2. Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
  3. Whitley & Trimble v. Dumham Lumber Co.Supreme Court of Alabama · 1889

3Cited by10 opinions

  1. Thomas v. BarnesSupreme Court of Alabama · 1929
  2. Kelly v. CarmichaelSupreme Court of Alabama · 1930
  3. MacKe v. ScacciaSupreme Court of Alabama · 1931
  4. Beasley v. RossSupreme Court of Alabama · 1937
  5. Barry v. WelchSupreme Court of Alabama · 1946

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