Walker v. Radford
Supreme Court of Alabama
Bill in Equity by Mortgagee to Prevent Removal of the Mortt gaged Property out of the State. This was a bill in equity, filed on April 5th, 1877, by Ida H. Walker, against Mary E. Radford, and alleged that the complainant was a married woman, and the wife of R. H. Walker, who carried on business for her as ber agent in Columbia, Henry county: that on February 10th, 1877, her husband took a mortgage for over $100 from John T. Radford and E. E. Griffin, to secure whatever…
Read the full summary
Bill in Equity by Mortgagee to Prevent Removal of the Mortt gaged Property out of the State. This was a bill in equity, filed on April 5th, 1877, by Ida H. Walker, against Mary E. Radford, and alleged that the complainant was a married woman, and the wife of R. H. Walker, who carried on business for her as ber agent in Columbia, Henry county: that on February 10th, 1877, her husband took a mortgage for over $100 from John T. Radford and E. E. Griffin, to secure whatever account said Radford should make in her store for supplies for the year 1877, and executed a promissory note to complainant,…
1Opinion of the CourtBrickell, C. J.
— The bill is filed by the appellant, a mortgagee of personal property, before the maturity of the mortgage debt, and while the mortgagor was entitled to pos*448session to prevent tbe removal of the property beyond the State. A court of equity has jurisdiction to restrain the mortgagor of lands, in possession, from committing waste, if thereby the security for the mortgage debt is rendered inadequate. Upon the same principles, the court will interfere to restrain injuries to, or the removal beyond, the jurisdiction of the court of chattels subject to mortgage; and the court will interfere before…
2Cited by3 opinions
- Heflin v. SlaySupreme Court of Alabama · 1884
- McCormick v. HartleyIndiana Supreme Court · 1886
- Jones v. SmithIndiana Supreme Court · 1890