Hartley v. Bloodgood
Supreme Court of Alabama
Error to the Chancery Court of Butler. Tried before the Hon. Jos. W. Lesesne, chancellor. The bill alleges that William McDaniel, on the 27th day of April 1837, executed bis promissaiy note to one Henry Dickinson, for two thousand one hundred and thirty-eight dollars, payable on the first day of January 1840, with interest from date, which was transfered to the complainant by said Dickinson on the same day for a 'valuable consideration: that complainant is now the owner of…
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Error to the Chancery Court of Butler. Tried before the Hon. Jos. W. Lesesne, chancellor. The bill alleges that William McDaniel, on the 27th day of April 1837, executed bis promissaiy note to one Henry Dickinson, for two thousand one hundred and thirty-eight dollars, payable on the first day of January 1840, with interest from date, which was transfered to the complainant by said Dickinson on the same day for a 'valuable consideration: that complainant is now the owner of said note, and that it has never been paid: that William McDaniel has left the State of Alabama, -and -now resides in…
1Opinion of the CourtDargan, J.
As the complainant’s demand is purely legal, being a simple contract debt, he cannot apply to a court of equity, independent of statute aid, for its collection, unless the object of the bill had been to enforce a lien against property bound for its payment. Saunders & McLaughlin v. Watson, 14 Ala. Rep. 198; Reese & Heylen v. Bradford, 13 Ala. Rep. 837, and the cases there cited. But by the Act of the 5th of February 1846, a creditor may, if his debtor be a non-resident of the State, file his bill in equity, although his debt be not reduced to judgment, to have the property of his debtor…
2Cases cited4 opinions
- Reese & Heylin v. BradfordSupreme Court of Alabama · 1848
- Butler v. ButlerSupreme Court of Alabama · 1847
- Sanders v. WatsonSupreme Court of Alabama · 1848
- Arnold v. SheppardSupreme Court of Alabama · 1844
3Cited by21 opinions
- Blackwell's Adm'r v. Blackwell's DistributeesSupreme Court of Alabama · 1858
- Platt v. StewartMichigan Supreme Court · 1862
- Colbert v. DanielSupreme Court of Alabama · 1858
- Dow v. WhitmanSupreme Court of Alabama · 1860
- Diston & Sons v. HoodSupreme Court of Alabama · 1887
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