Tatum v. Yahn
Supreme Court of Alabama
Appeal from tlie Geneva Chancery Court. Heard before Hon. Jerk N. Williams. The bill in this case was filed by J. Yalm and C. L. Simmons, complainants below, who are appellants, against A. F. Tatum, defendant, and its real purpose was to foreclose a mortgage, given by defendant to complainants on the 6th July, 1896, on a steamboat, her appurtenances and belongings.
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Appeal from tlie Geneva Chancery Court. Heard before Hon. Jerk N. Williams. The bill in this case was filed by J. Yalm and C. L. Simmons, complainants below, who are appellants, against A. F. Tatum, defendant, and its real purpose was to foreclose a mortgage, given by defendant to complainants on the 6th July, 1896, on a steamboat, her appurtenances and belongings. It is alleged in the bill, that “the notes ['described in the mortgage] for the security of which the mortgage was given [amounting to $1,500], are all due and unpaid, and that respondent has refused, on demand by petitioners…
1Opinion of the CourtHaralson, J.
1. The decree of April 25th, 1898, although purporting to be final, was not,'under our decisions, a final but an interlocutory decree. The bill averred that the notes secured by the mortgage had not been paid, but remained due and unpaid. The answer denied this; and whether the notes had been paid or not, presented one of the equities upon which complainant’s right to relief depended, and this issue of indebtedness vel non of defendant to complainants, was not determined by said decree. A reference to the register was ordered by the decree, to ascertain the state of the accounts between the…
2Cases cited5 opinions
- Weaver v. BrownSupreme Court of Alabama · 1888
- Reese v. BarkerSupreme Court of Alabama · 1888
- Marlowe v. RogersSupreme Court of Alabama · 1893
- Beall v. McGeheeSupreme Court of Alabama · 1876
- Savage v. JohnsonSupreme Court of Alabama · 1899
3Cited by14 opinions
- Turner v. TurnerSupreme Court of Alabama · 1915
- Moorer v. ChastangSupreme Court of Alabama · 1946
- Potts v. Court of CommissionersSupreme Court of Alabama · 1919
- Mullen v. First Nat. Bank of MontgomerySupreme Court of Alabama · 1933
- Gainer v. JonesSupreme Court of Alabama · 1912
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