Sanford v. Ogden, Ferguson & Co.
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. Wade Keyes. ON the 25th March, 1841, Ogden, Ferguson & Co. obtained a judgment, in the county court of Mobile, against Thaddeus Sanford, for $5,846 69, besides costs. 'This judgment belonged in fact to J. & C.‘ Townsend, of New York, who had endorsed for collection to Ogden, Ferguson & Co. the note on which it was founded;’on which note Thaddeus Sanford was an accommodation endorser for JolmW.
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Appeal from the Chancery Court at Mobile. Heard before the Hon. Wade Keyes. ON the 25th March, 1841, Ogden, Ferguson & Co. obtained a judgment, in the county court of Mobile, against Thaddeus Sanford, for $5,846 69, besides costs. 'This judgment belonged in fact to J. & C.‘ Townsend, of New York, who had endorsed for collection to Ogden, Ferguson & Co. the note on which it was founded;’on which note Thaddeus Sanford was an accommodation endorser for JolmW. Townsend; another judgment being recovered about the same time, and on the same note, against said J. W. Townsend. On this-judgment…
1Opinion of the Court
A. J. "WALKER, C. J.
The returns upon the executions issued upon the defendants’ judgment, the letter" of the owners of the judgment, of 29th April, 1842, the payments of $565 on 7th Jan., ’42, and $630 on 3d June, ’42, and the agreement of counsel, upon which the case was tried, all considered together, lead us to the conclusion, that there was a stay of execution, resulting from the active interference of the parties having a right to control the judgment, from the 27th June, 1841, to 19th June, 1843. On the 30th February, 1843, during the suspension of proceedings under the judgment, the…
2Cases cited11 opinions
- Dargan v. WaringSupreme Court of Alabama · 1847
- Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
- Sellers v. HayesSupreme Court of Alabama · 1850
- Patton v. Hayter, Johnson & Co.Supreme Court of Alabama · 1848
- McMahan v. GreenSupreme Court of Alabama · 1847
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