Brewer v. Branch Bank
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. James B. Clark. This bill was filed by Reuben H. Brewer against the appellees, to enjoin proceedings under a judgment at law, which the Branch Bank at Montgomery recovered, in 1842, against Alexander S. Howell, Joseph D. Hopper, and M. Ashurst, on which judgment an execution was issued, and levied on a certain tract of land, which complainant purchased of said Howell in 1845. It alleged, that said Bank,…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. James B. Clark. This bill was filed by Reuben H. Brewer against the appellees, to enjoin proceedings under a judgment at law, which the Branch Bank at Montgomery recovered, in 1842, against Alexander S. Howell, Joseph D. Hopper, and M. Ashurst, on which judgment an execution was issued, and levied on a certain tract of land, which complainant purchased of said Howell in 1845. It alleged, that said Bank, prior to the issue of said execution, had accepted a note made by Robert T. Ashurst, Joseph D. Hopper, and Moses McLemore,…
1Opinion of the Court
CHILTON, C, J.
The decree of the Chancellor in this case cannot be sustained. The bill was dismissed for want of equity ; and its allegations, for the purpose of such a motion, must be regarded as true. One of these allegations is, that the judgment, which prima fade constitutes a lien and incumbrance on this land, has been paid and extinguished, by accepting a note made by R. T. Ashurst, J. D. Hopper, and Moses McLemore ; that said note was accepted by the Bank in payment and extinguishment of said judgment, and by its being so accepted, the said judgment became, and was thereby, paid and…
2Cases cited2 opinions
- Abercrombie v. MoselySupreme Court of Alabama · 1839
- McLane v. MillerSupreme Court of Alabama · 1846
3Cited by5 opinions
- Sovereign Camp, W. O. W. v. BallardAlabama Court of Appeals · 1923
- Dennis v. WilliamsSupreme Court of Alabama · 1867
- Hamilton Furniture Co. v. Brenard Mfg. Co.Supreme Court of Alabama · 1926
- Moore v. GoreSupreme Court of Alabama · 1860
- Pilcher v. HickmanSupreme Court of Alabama · 1906