Legal Opinion

Houston v. Br. Bank at Huntsville

Supreme Court of Alabama

Decided June 15, 1854PublishedCited by 16 opinions

Erroe to the Chancery Court of Lauderdale. Heard before the Hon. E. D. TowNES. The original bill in this case was filed by Hervey Dilla-hunty and John Chisholm ; and the former having died, the suit was revived in the name of Pugh Houston, his executor, who is the plaintiff in ■ error.

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Erroe to the Chancery Court of Lauderdale. Heard before the Hon. E. D. TowNES. The original bill in this case was filed by Hervey Dilla-hunty and John Chisholm ; and the former having died, the suit was revived in the name of Pugh Houston, his executor, who is the plaintiff in ■ error. The object of the bill was, to establish Dillahunty’s right to share with the Bank in the security afforded by a certain deed of trust, and to enjoin a judgment at law which the Bank had obtained against Chisholm as Dillahunty’s surety on certain notes hereinafter particularly described. The facts of the case,…

1Opinion of the Court

CHILTON, C. J. —

William. W. Garrard, having executed a tr-ust deed to T. U. Lassiter, trustee, to save Taylor, Mason & Co. harmless by reason of their acceptance of two bills of exchange, one drawn by him, and sold to the defendant in error, the other by Wm. Arnett, in favor of Henry Garrard, and endorsed by him and Hervey Dillahunty to the Decatur Bank, but solely for Wm. Garrard’s accommodation, which was done on the 14th December, 1836, afterwards, on the 25th June, 1838, availed himself of the law of 1831, authorizing the extension of indebtedness to the Banks; and thereupon Wm. Arnett,…

2Cases cited1 opinion

  1. Brown v. LangSupreme Court of Alabama · 1842

3Cited by16 opinions

  1. Swarts v. SiegelCourt of Appeals for the Eighth Circuit · 1902
  2. Home Insurance Company v. Stuart-McCorkle, Inc.Supreme Court of Alabama · 1973
  3. Bankhead v. OwenSupreme Court of Alabama · 1877
  4. Knighton v. CurrySupreme Court of Alabama · 1878
  5. Aetna Ins. v. HannSupreme Court of Alabama · 1916

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