Philadelphia Warehouse Co. v. Anniston Pipe Works
Supreme Court of Alabama
Appeal from the City Court of Anniston, in Equity. Heard before the Hon. James W. Lapslby. On March 2d, 1891, the First National Bank of Anniston and S. E. Noble filed their bill on the equity side of the oity court of Anniston against the Anniston Pipe Works and the State Trust Company, for themselves as judgment creditors of the Anniston Pipe Works, and in behalf of all other creditors of the Anniston Pipe Works, who might come in and unite in the suit and share in the…
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Appeal from the City Court of Anniston, in Equity. Heard before the Hon. James W. Lapslby. On March 2d, 1891, the First National Bank of Anniston and S. E. Noble filed their bill on the equity side of the oity court of Anniston against the Anniston Pipe Works and the State Trust Company, for themselves as judgment creditors of the Anniston Pipe Works, and in behalf of all other creditors of the Anniston Pipe Works, who might come in and unite in the suit and share in the expenses thereof. The bill alleged that at the suit of the State Trust Company, as trustee, for the purpose of foreclosing…
1Opinion of the CourtHaralson, J.
— On the question presented in this case, there is a confusion of decisions in some of the States. In Massachusetts it is held, that if a creditor of an insolvent estate have a mortgage as security for and of less value than the amount of his debt, he can claim *362from, the commissioners who administer the estate only for the difference between his debt and the value of the property mortgaged, (Amory v. Francis’ Admr., 16 Mass. 308), and in another case, the court held, that where a creditor holds a mortgage on personal'property to secure his debt, and the debtor dies insolvent, the mortgagee…
2Cases cited9 opinions
- People v. E. Remington & SonsNew York Court of Appeals · 1890
- Amory v. FrancisMassachusetts Supreme Judicial Court · 1820
- In re BatesIllinois Supreme Court · 1886
- Findlay v. HosmerSupreme Court of Connecticut · 1817
- Wurtz, Austin & McVeigh v. HartSupreme Court of Iowa · 1862
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Estate of Prescott State BankArizona Supreme Court · 1931
- First Nat. Bank v. GreenSupreme Court of Alabama · 1930
- Union Trust Co. v. Fletcher Savings & Trust Co.Indiana Supreme Court · 1924
- State Ex Rel. Rankin v. Yellowstone Bank & Trust Co.Montana Supreme Court · 1925
- Shertzer v. WilliamsSupreme Court of Alabama · 1936
1 more not listed; retrieve them via the Exa API.