Wheeler v. Armstrong
Supreme Court of Alabama
Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill of interpleader by J. I. Armstrong against Sallie G. Wheeler and others. Decree for complainant and Sallie Wheeler, respondent, appeals for herself and the others.
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Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill of interpleader by J. I. Armstrong against Sallie G. Wheeler and others. Decree for complainant and Sallie Wheeler, respondent, appeals for herself and the others. There was sufficient delivery of the gift.— McHugh v. O’Connor. 91 Ala. 243; O’Connor v. McHugh, S9 Ala. 533; Walker v. Crews, 73 Ala. 412. Complainant was interested in the result of the suit and riot a mere stakeholder, and there was no privity of title between the parties to the suit, and hence, the court erred in overruling demurrers and denying motion to…
1Opinion of the CourtMayfield, J.
This was a bill of interpleader. The bill was filed by the appellee, Armstrong, against Sallie C. Wheeler and her former husband, J. M. Wheeler, from whom she was divorced, and the German Bank of Cullman. The bill alleges that on September 14, 1904, the respondent J. M. Wheeler sold and conveyed a certain lot by warranty deed to Henry Cox and others, for the price of $540, $135 of which was paid in cash, and the balance secured by 28 promissory notes, for various amounts, due at various dates, the last maturing on the 14th day of January, 1907, which notes were secured by a mortgage on the…
2Cases cited9 opinions
- Groves v. SentellSupreme Court of the United States · 1894
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Gibson v. GoldthwaiteSupreme Court of Alabama · 1845
- Peck v. BrummagimCalifornia Supreme Court · 1866
- Tygh v. DolanSupreme Court of Alabama · 1891
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3Cited by14 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- McDonald v. McDonaldSupreme Court of Alabama · 1926
- Finn v. Missouri State Life Ins. Co.Supreme Court of Alabama · 1931
- Guaranteed State Bank of Durant v. D'YarmettSupreme Court of Oklahoma · 1917
- Millitello v. B. F. Roden Grocery Co.Supreme Court of Alabama · 1914
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