Presnall v. Burgess & Co.
Supreme Court of Alabama
Appeal from Clarke Chancery Court. Heard before Hon. Thomas H. Smith. Bill by O. W. Presnall against D. R. Burgess & Company, and the individuals composing the firm, for an accounting and to restrain the foreclosure of certain mortgages. Decree for respondents and complainant appeals.
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Appeal from Clarke Chancery Court. Heard before Hon. Thomas H. Smith. Bill by O. W. Presnall against D. R. Burgess & Company, and the individuals composing the firm, for an accounting and to restrain the foreclosure of certain mortgages. Decree for respondents and complainant appeals. The mortgage exhibit 0 provided that it was to secure this note, and any other amount owed in 1899, and is broad enough to cover every character of indebtedness accruing that year. — (Jollier v. White, 97 Ala. 615. But the chancellor overlooked an important fact in failing to observe that the notes were signed…
1Opinion of the CourtMcclellan, J.
Prior to February 19, 1906, C. W. Presnall (complainant) had executed to E. H. Bixler two mortgages — one to secure a note for $700 and one for $800. Real and personal property Avas covered by them; the real property being that here involved. On that date by agreement with Presnall, upon the payment of $1,500 to Bixler, Burgess & Co., had'those mortgages transferred to them. On that date (though acknowledged the next day) Presnall executed a mortgage for $1,500 to Burgess & Go. In this instrument it is recited in referring to the note due November 1, 1906, it Avas given to secure: “For the…
2Cases cited12 opinions
- Way v. MullettMassachusetts Supreme Judicial Court · 1886
- Georgia Home Insurance v. WartenSupreme Court of Alabama · 1896
- Kilpatrick v. HensonSupreme Court of Alabama · 1886
- Tarver v. HainesSupreme Court of Alabama · 1876
- Ryan v. NewcombIllinois Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Carroll v. HendersonSupreme Court of Alabama · 1915
- Lee v. MacOn County BankSupreme Court of Alabama · 1937
- Johnson v. SmithSupreme Court of Alabama · 1914
- Pattillo v. TuckerSupreme Court of Alabama · 1927
- Williams v. NolandSupreme Court of Alabama · 1920
2 more not listed; retrieve them via the Exa API.