Hardaway v. Semmes
Supreme Court of Alabama
Appeal from the Chancery Court of Bussell. Heard before the Hon. James B. Clark. The bill in this case was filed, on the 10th November, 1857, by Paul J. Semmes, against Robert S. Hardaway, John McKay, Ann C. Cook, and Edward T. Taylor; asking the foreclosure of a mortgage on a slave, which was executed by said Edward T. Taylor to the complainant, and an injunction against the other defendants, who had levied attachments on the slave as the property of said Taylor.
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Appeal from the Chancery Court of Bussell. Heard before the Hon. James B. Clark. The bill in this case was filed, on the 10th November, 1857, by Paul J. Semmes, against Robert S. Hardaway, John McKay, Ann C. Cook, and Edward T. Taylor; asking the foreclosure of a mortgage on a slave, which was executed by said Edward T. Taylor to the complainant, and an injunction against the other defendants, who had levied attachments on the slave as the property of said Taylor. The mortgage was dated the —— day of September, 1856; was executed in Muscogee county, Georgia, where both Semmes and Taylor then…
1Opinion of the CourtA. J. Walker, C. J.
Mortgages of personal property are by statute inoperative “against creditors and purchasers without notice,” until they are recorded; unless the property is brought into this State subject to the incumbrance, and then four months are allowed for its registration. — Code, 1291. If the property conveyed has a fixed situs within the State at the date of the conveyance, the mortgage falls within the influence of the law, although one or both of the parties may reside in another State. The language of the statute is broad enough to comprehend a mortgage of personalty within the State, the parties…
2Cases cited3 opinions
- Wallis v. RheaSupreme Court of Alabama · 1846
- Thomason v. ScalesSupreme Court of Alabama · 1847
- Jordan v. MeadSupreme Court of Alabama · 1847
3Cited by10 opinions
- Pollak v. DavidsonSupreme Court of Alabama · 1888
- Malone v. BedsoleSupreme Court of Alabama · 1890
- Dudley v. AbnerSupreme Court of Alabama · 1875
- Finney v. DrydenSupreme Court of Alabama · 1926
- In re NuckolsDistrict Court, E.D. Tennessee · 1912
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