Bozeman v. Rose's Executors
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed by Nathan Bozeman against the executors of the last will and testament of Howell Rose, deceased, and sought to restrain them from- selling certain lands, under a power of sale contained in a mortgage, dated the 80th June, 1863, which was given to secure the payment of the following obligation : — “ Wetumpka, June 3,1863. On the first day of January, 1866, we…
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed by Nathan Bozeman against the executors of the last will and testament of Howell Rose, deceased, and sought to restrain them from- selling certain lands, under a power of sale contained in a mortgage, dated the 80th June, 1863, which was given to secure the payment of the following obligation : — “ Wetumpka, June 3,1863. On the first day of January, 1866, we promise to deliver to Howell Rose, or order, in the city of Wetumpka, forty-eight thousand eight hundred and forty-six…
1Opinion of the CourtB. F. Saffold, J.
The issue made by the parties is simply the measure of damages for the breach of the contract by the complainant in not delivering the cotton at the time *324appointed. The mortgage recites that, on default of the obligors in delivering the cotton, the mortgagee may sell the premises, and “ after paying off said obligation, and the expenses of such sale,” shall return any surplus to the-mortgagor. It was proved that the complainant had about sixty bales, or somewhat more than one half, of the cotton on the 1st of January, 1865, which he retained until August, 1865, and might, at any time during…
2Cases cited5 opinions
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Rose's Executors v. BozemanSupreme Court of Alabama · 1868
- Faw v. MarstellerSupreme Court of the United States · 1804
- McGehee v. PoseySupreme Court of Alabama · 1868
- Oswald v. GodboldSupreme Court of Alabama · 1852