Searcy v. Shows
Supreme Court of Alabama
Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Bill by G. B. Searcy against Mary F. Shows and others to declare a mortgage a valid lien, to foreclose it, and to redeem from former mortgage. From decree sustaining demurrers to the bill, complainant appeals.
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Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Bill by G. B. Searcy against Mary F. Shows and others to declare a mortgage a valid lien, to foreclose it, and to redeem from former mortgage. From decree sustaining demurrers to the bill, complainant appeals. This bill by appellant against appellee shows that the appellant became surety on a replevy bond given by George A. Miller for personal property levied upon under detinue writ; and that upon the trial of the detinue case judgment was rendered against M. F. Miller, as administratrix of the estate of G. A. Miller, deceased,…
1Opinion of the CourtGardner, J.
[1] The equity^ of the original bill may well be rested upon the principle found stated in the following quotation from Thomas v. St. Paul M. E. Church, 86 Ala. 138, 5 South. 508:
“No principle of equity is more familiar, or more firmly established, than that a surety, after the debt for which he is liable has become due, without paying, or being called on to pay it, may file a bill in equity to compel the principal debtor to exonerate him from liability by its payment, provided no rights of the creditor are prejudiced thereby. The principle has been extended to cases of pledged or mortgaged…
2Cases cited10 opinions
- Thomas v. St Paul's M. E. ChurchSupreme Court of Alabama · 1888
- Tillis v. FolmarSupreme Court of Alabama · 1906
- West v. ChastenSupreme Court of Florida · 1868
- Hudson Trust Co. v. ElliottSupreme Court of Alabama · 1915
- Cooper v. ParkerSupreme Court of Alabama · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Broadway National Bank v. HaywardMassachusetts Supreme Judicial Court · 1934
- Cross v. Bank of EnsleySupreme Court of Alabama · 1921
- Tennessee-Hermitage Nat. Bank v. HaganSupreme Court of Alabama · 1928
- Alabama Bank & Trust Co. v. GarnerSupreme Court of Alabama · 1932
- Whaley v. HendersonSupreme Court of Alabama · 1933
5 more not listed; retrieve them via the Exa API.