Malone & Foote v. Marriott
Supreme Court of Alabama
Appeal from the Chancery Court of Monroe. Heard before the Hon. Charles Turner. The original bill in this case was filed on the 18th March, 1869, by the Mobile Savings Bank, a corporation chartered under the laws of Alabama, against Thomas Gr. Barr, a nonresident ; and sought to foreclose a mortgage on a large tract of land in said county, containing over six thousand acres.
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Appeal from the Chancery Court of Monroe. Heard before the Hon. Charles Turner. The original bill in this case was filed on the 18th March, 1869, by the Mobile Savings Bank, a corporation chartered under the laws of Alabama, against Thomas Gr. Barr, a nonresident ; and sought to foreclose a mortgage on a large tract of land in said county, containing over six thousand acres. The land was sold and conveyed to Barr, in February, 1866, by James Daniel; and the mortgage, which was dated the 7th February, 1866, was given to secure the payment of a note for $4,000 in gold, payable on the 1st…
1Opinion of the Court
BRICKELL, O. J.
The decree of foreclosure and sale, rendered on the 27th October, 1869, under our decisions and practice, is partly final, and partly interlocutory. Adjudging the equities, and settling the rights of the parties, it is so far final, that from it an appeal would lie; yet, as further proceedings are by it ordered and contemplated, and were necessary to its completion, and letting the complainant in to the full benefits to which it was determined he was entitled, it is, in a limited sense, interlocutory. The cause was not by *489it finally disposed of : it remained a cause in fieri,…
2Cases cited10 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Ex Parte Railroad Co.Supreme Court of the United States · 1877
- Jones v. WilsonSupreme Court of Alabama · 1875
- Dudley v. WitterSupreme Court of Alabama · 1871
- Doe ex dem. Chaudron v. MageeSupreme Court of Alabama · 1845
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Ex parte Elyton Land Co.Supreme Court of Alabama · 1893
- Adams v. SayreSupreme Court of Alabama · 1884
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Mortimore v. StateWyoming Supreme Court · 1916
18 more not listed; retrieve them via the Exa API.