Mobile Savings Bank v. Burke
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wm. H. Tayloe. The original bill in this case was filed on the 29th November, 1889, by the Mobile Savings Bank, a domestic corporation, and Wm.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Wm. H. Tayloe. The original bill in this case was filed on the 29th November, 1889, by the Mobile Savings Bank, a domestic corporation, and Wm. J. Hearin as trustee, against Peter Burke and Patrick J. Lyons; and sought (1) to foreclose a mortgage on certain real estate in Mobile, which Burke had executed to said Hearin as trustee to secure a debt due to said bank, and ' (2) to enjoin said Lyons from selling the mortgaged property under an execution issued on a judgment which he had recovered against said Burke. A demurrer to the…
1Opinion of the CourtClopton, J.
— The appeal being taken from a decree sustaining demurrers to parts of the original bill as amended, and overruling demurrers to the cross-bill, a proper understanding of the questions raised calls for a brief statement of the character, purposes and substantial allegations oí the original bill and amendment and of the cross-bill.
The Mobile Savings Bank and William J. Hearin filed the original bill, for the foreclosure of a mortgage on real estate in the city of Mobile, executed June 15, 1885, by Peter Burke and wife to ITearin as trustee, to secure the payment of a note for fourteen…
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