Fawcetts v. Kimmey
Supreme Court of Alabama
Appeal from the Chancery Court at Troy. Heard before the Hon. Wade Keyes. This bill was filed by David P. Fawcetts, against Sea-born C. Kimmey, M. C. Kimmey, John Lindsey, Alfred Holley aud others.
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Appeal from the Chancery Court at Troy. Heard before the Hon. Wade Keyes. This bill was filed by David P. Fawcetts, against Sea-born C. Kimmey, M. C. Kimmey, John Lindsey, Alfred Holley aud others. Its material allegations were, that the complainant, on the 6th January, 1850, at the solicitation and request of Seaborn C. Kimmey, became jointly bound with said Seaborn as surety of John M. Kimmey, on several promissory notes due and payable to John Lindsey, which amounted in the aggregate to nearly §1,000; that Seaborn Kimmey, on the same day, executed \ a mortgage to said Lindsey on a tract of…
1Opinion of the Court
BICE, 0. J.—
From the pleadings and proof it appears, among other things, that at the request of S. C. Kimmey, and upon the faith of the mortgage of the lands in controversy executed by him on the 6th day of July, 1850, the complainant became co-surety with him, for John M. Kimmey, on the notes mentioned in the bill and in the mortgage; that the mortgage was executed as well to save complainant from loss, as to secure the payment of said notes to the payee, Lindsey; that the said S. C. and John M. Kimmey are insolvent; and that the complainant, under legal coercion, has paid off the debt…
2Cases cited8 opinions
- Doe ex dem. Nickles v. HaskinsSupreme Court of Alabama · 1849
- Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
- Cullum v. EmanuelSupreme Court of Alabama · 1840
- Paulling v. Barron, Meade & Co.Supreme Court of Alabama · 1858
- Mallory v. StodderSupreme Court of Alabama · 1844
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