Hamilton v. Clancey
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill to foreclose an equitable mortgage by John M. Clancy .against Henry C. Hamilton and another. Decree for plaintiff, and defendant Hamilton appeals. The bill in this case was originally filed by John M. Clancy against the appellant, Henry C. Hamilton, and one Alan Chester.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill to foreclose an equitable mortgage by John M. Clancy .against Henry C. Hamilton and another. Decree for plaintiff, and defendant Hamilton appeals. The bill in this case was originally filed by John M. Clancy against the appellant, Henry C. Hamilton, and one Alan Chester. The bill was subsequently amended by alleging that said Chester was a non-resident of the state, and by striking him as a party respondent. Respondent Hamilton then interposed a demurrer to the bill upon the ground that said Chester was a necessary…
1Opinion of the CourtGardner, J.
The above statement of the case discloses that the complainant in the court below sought a foreclosure of an equitable mortgage on the personal property, to-wit, the automobile, under a decree of the chancery court, so as to subject a sufficiency of the proceeds of the sale to the payment of the debt for the security of which it was given. The maker of the note, who may also be referred to the mortgagor, is shown to be a *196non-resident of the state. No decrree is sought against him. The bill shows that he has, by an absolute sale of the property, parted with all his interest therein. He is…
2Cases cited6 opinions
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Gravlee v. LamkinSupreme Court of Alabama · 1897
- Harwell v. Lehman, Durr & Co.Supreme Court of Alabama · 1882
- Boutwell v. SteinerSupreme Court of Alabama · 1887
- Cooper v. JohnsonU.S. Circuit Court for the Southern District of Georgia · 1907
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3Cited by5 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Julian v. WoolbertSupreme Court of Alabama · 1919
- First Nat. Bank v. BonnerSupreme Court of Alabama · 1943
- Wood v. BarnettSupreme Court of Alabama · 1922
- Tucker v. PilcherSupreme Court of Alabama · 1917