Worth v. Knickerbocker Trust Co.
Supreme Court of Alabama
Appeal from Clay Chancery Court. Heard before Hon. W. W. Whiteside. Bill by the Knickerbocker Trust Company of New York against George W. Worth and others, to foreclose a mortgage. Decree for complainants and respondents appeal.
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Appeal from Clay Chancery Court. Heard before Hon. W. W. Whiteside. Bill by the Knickerbocker Trust Company of New York against George W. Worth and others, to foreclose a mortgage. Decree for complainants and respondents appeal. The bill should distinctly allege that the promissory notes to secure which the mortgage was given, was delivered to the payee, arid by him duly assigned to. trie Trust Company.— Hopper v. Eiland, 21 Ala. 714; I Dan. sec. 62. Trie amount claimed is not.sufficiently or definitely stated, and. the mortgage was presumed to be an Alabama contract, and that Alabama was the…
1Opinion of the CourtMayfield, J.
The bill Í21 tbis case was filed by tbe appellee to foreclose a certain mortgage executed by the appellant to Ira L. McCord. Tbe respondents demurred to tbe bill, assigning a number of grounds, none of wbicb appear to contain any merit.
It was not necessary for tbe bill in tbis case to aver in terms that tbe note secured by tbe mortgage sought to be foreclosed was actually delivered by tbe mortgagors to tbe mortgagees, and duly and properly assigned to tbe complainant. Tbis specific averment of delivery Avas not essential. Tbe bill sufficiently alleged tbe ainount due upon tbe note secured by…
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