Branch of the Bank of Alabama v. Hunt
Supreme Court of Alabama
Appeal from the Court of Chancery sitting at Mobile. The plaintiff in error, who is complainant, by its bill, states that William Wallace, on the 26th February, 1836, executed to T. W. McCoy and T. M. English, a mortgage of certain real estate, (particularly described,) situate in the city of Mobile, to secure to the mortgagees one hundred and twenty-three thousand and nine hundred dollars.
Read the full summary
Appeal from the Court of Chancery sitting at Mobile. The plaintiff in error, who is complainant, by its bill, states that William Wallace, on the 26th February, 1836, executed to T. W. McCoy and T. M. English, a mortgage of certain real estate, (particularly described,) situate in the city of Mobile, to secure to the mortgagees one hundred and twenty-three thousand and nine hundred dollars. Afterwards,the mortgagor conveyed parts of themort gaged property to several individuals, and the mortgagees.confirmed the sales, so that the mortgage continued a lien upon the residue only, consisting of…
1Opinion of the CourtCollier, C. J.
The conveyance from the mortgagor, Wallace, to Campbell, from the latter to Sayre & Converse, from them to Pritchard, and from him to the complainant, invested the Bank with the equity of redemption in the premises in question ; and when McCoy and English transferred their interest as mortgagees, the complainant was clothed with all the title that Wallace previously had. McCoy and English having disposed of their lien as incumbrancers, could have had no further inducement to prosecute the suit they had instituted, than merely to see that it was so terminated as not to subject them to costs.…
2Cases cited4 opinions
- Tripp v. CookNew York Supreme Court · 1841
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Littell v. ZuntzSupreme Court of Alabama · 1841
- Jackson, ex rel. Webb v. RobertsNew York Supreme Court · 1831
3Cited by7 opinions
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Adams v. BuchananSupreme Court of Missouri · 1871
- De Loach v. WhiteSupreme Court of Alabama · 1919
- Junkins v. LovelaceSupreme Court of Alabama · 1882
- ALCO LAND AND TIMBER COMPANY, INC. v. BaerSupreme Court of Alabama · 1972
2 more not listed; retrieve them via the Exa API.