Mobile Marine Dock & Mutual Insurance v. Huder
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. "Wade Keyes. Ti-ie bill in this case was filed by Mrs. Mary IT. Huder, on the 24th April, 1855, for the purpose of foreclosing a mortgage on a tract of land, executed to her on the 31st January, 1852, by Thomas T. Bolling; and several purchasers from Bolling, subseqent to the execution of the mortgage, were joined with him as defendants.
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Appeal from the Chancery Court at Mobile. Heard before the Hon. "Wade Keyes. Ti-ie bill in this case was filed by Mrs. Mary IT. Huder, on the 24th April, 1855, for the purpose of foreclosing a mortgage on a tract of land, executed to her on the 31st January, 1852, by Thomas T. Bolling; and several purchasers from Bolling, subseqent to the execution of the mortgage, were joined with him as defendants. The facts of the case, as ascertained by the master under a reference, (and about which there was no controversy,) are these : Mrs. Huder sold the laud to Bolling, on the 31st January, 1852, and,…
1Opinion of the CourtA. J. Walker, C. J.
In the case of P. & M. Bank v. Dundas, (10 Ala. 661,) this court seems to have approved the doctrine, that different parcels of land, included iu the same mortgage, and afterwards sold by the mortgagor at different times, to different persons, are chargeable in the inverse order of the alienations. An analogous principle is asserted in the cases of Cullum v. Erwin, (4 Ala. 452,) and Bank of Mobile v. P. & M. Bank of Mobile, (9 Ala. 643.) This doctrine is opposed by the Kentucky court of appeals, and by Judge Story, (Dickey v. Thompson, 8 B. Monroe, 312; 2 Story’s Eq. Jurisp. § 1233;) yet it…
2Cases cited13 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Putnam v. RitchieNew York Court of Chancery · 1837
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Lane v. KingNew York Supreme Court · 1832
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3Cited by11 opinions
- Smith v. Kennard'sSupreme Court of Alabama · 1863
- Dugger v. TayloeSupreme Court of Alabama · 1877
- Prickett v. SibertSupreme Court of Alabama · 1883
- Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916
- Ellis v. FairbanksSupreme Court of Florida · 1896
6 more not listed; retrieve them via the Exa API.