Legal Opinion

Courtner v. Etheredge

Supreme Court of Alabama

Decided March 2, 1907PublishedCited by 20 opinions

Appeal from Lawrence Chancery Court. Heard before Hon. W. n. Simpson. Bill by B. T. Etheredge and others against Robert G. Courtner, administrator.

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Appeal from Lawrence Chancery Court. Heard before Hon. W. n. Simpson. Bill by B. T. Etheredge and others against Robert G. Courtner, administrator. The trustees have no right to maintain the bill in their own name. — Lamb v. Pioneer 8. & L. Go., 106 Ala. 591. Signing the name of an attesting witness to a nóte or bond by the agent of the obligee or payee is a material alteration and discharges the obligor.— White Sewing Machine v. Saxon, 121 Ala. 399; Anderson v. Bell, 87 Ala, 334; Montgomery v. Gro&swwthc, 90 Ala. 553; Ex parte Sayre, 95 Ala. 288; Sharpe v. Orme, 61 Ala. 263. The adding of an…

1Opinion of the Court

DOWDELL, J. —

The present bill is one against the heirs at law of E. C. Ashford, deceased, and for the purpose of foreclosing a mortgage given by said E. C. Ash-ford during his lifetime to secure the payment of his promissory note for borrowed money. The note and mortgage were made payable to W. O. Sherrod and others, naming them, as school trustees of township 4, range 8 W., from whom the loan of money was obtained. The bill is exhibited in the name of B. T. Etheredge, L. T. Key, and W. C. Bracken, as school trustees of township 4, range 8, Lawrence county, Ala. Under the act approved March…

2Cases cited13 opinions

  1. State v. RogersSupreme Court of Alabama · 1894
  2. Burton v. StateSupreme Court of Alabama · 1894
  3. Ashford v. AshfordSupreme Court of Alabama · 1902
  4. Ex parte BuckleySupreme Court of Alabama · 1875
  5. City Council v. National Building & Loan Ass'nSupreme Court of Alabama · 1895

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3Cited by20 opinions

  1. Winsett v. WinsettSupreme Court of Alabama · 1919
  2. Silverman v. Sunrise Pictures Corp.Court of Appeals for the Second Circuit · 1921
  3. Gilb v. O'NeillSupreme Court of Alabama · 1932
  4. Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
  5. Markstein v. SchilleciSupreme Court of Alabama · 1952

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