Threefoot Bros. & Co. v. Hillman
Supreme Court of Alabama
Appeal from the Chancery Court of Sumter. Heard before the Hon. Thomas H. Smith. On September 8, 1896, Threefoot Bros. & Co. filed a hill in this case against Joseph J. Hillman, Emm'a R. Hillman, Jezrell P. Hillman, Maxwell Peale & Allen, a partnership, and the British & American Mortgage Company, limited, a corporation. Upon demurrers being sustained to the bill it was amended.
Read the full summary
Appeal from the Chancery Court of Sumter. Heard before the Hon. Thomas H. Smith. On September 8, 1896, Threefoot Bros. & Co. filed a hill in this case against Joseph J. Hillman, Emm'a R. Hillman, Jezrell P. Hillman, Maxwell Peale & Allen, a partnership, and the British & American Mortgage Company, limited, a corporation. Upon demurrers being sustained to the bill it was amended. The bill as amended averred the following facts: On the 11th day of February, 1892, the said J. J. Hillman, Emnrn R. Hillman and Jezirell P. Hillman executed a mortgage on certain specifically described lands to said…
1Opinion of the CourtTyson, J.
The right of complainant, if it ever existed, to have the lands mortgaged to Maxwell, Beale & Allen, sold in the inverse order of their alienation was destroyed by the foreclosure of that mortgage and the pur chase of the lands at the sale by the respondent, Mrs. Hillman; no notice of their equity having been averred or proven.—Pitts v. American Freehold Land Mortgage Co., 123 Ala. 469. Obviously, to avoid this result, the complainants made the charge in their bill that the foreclosure sale was fraudulent, in this, that there was a conspiracy between the mortgagee, the mortgagors and the…
2Cases cited18 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Richardson v. StephensSupreme Court of Alabama · 1898
- Kelly v. LongshoreSupreme Court of Alabama · 1884
- Carter v. Doe ex dem. ChaudronSupreme Court of Alabama · 1852
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Shaddix v. National Surety Co.Supreme Court of Alabama · 1930
- Phillips v. LowensteinSupreme Court of Florida · 1926
- Doe, ex dem. Anniston City Land Co v. EdmondsonSupreme Court of Alabama · 1906
- Hester v. First Nat. Bank of RussellvilleSupreme Court of Alabama · 1939
- Wilkins v. LewisSupreme Court of Florida · 1919
11 more not listed; retrieve them via the Exa API.