Cooper v. Berney National Bank
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed April 29, 1890, by the Berney National Bank, against Thomas H. Dunn, Fannie H. Dunn, C. J. Cooper & Co., W. A. Scarbrough, Eba Scarbrough, Flem Higgins and R. P. Thomason.
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed April 29, 1890, by the Berney National Bank, against Thomas H. Dunn, Fannie H. Dunn, C. J. Cooper & Co., W. A. Scarbrough, Eba Scarbrough, Flem Higgins and R. P. Thomason. The prayer of the bill was for the foreclosure of a mortgage, executed by Thomas H. Dunn and his wife, Fannie H. Dunn, and for the appointment of a receiver to take charge of the property covered by the mortgage, and for an injunction restraining the purchasers at a sale under an attachment from disposing of the…
1Opinion of the CourtThorington, J.
The principles of law which govern the material questions raised on this appeal have been clearly settled by recent decisions of this court; testing the provisions of the mortgage, attacked by appellants as frau*123cliilent and void, by these decisions we must affirm that it is not vitiated by anything appearing on the face of the instrument. '
That the mortgage by its terms provides for the retention of the property by the mortgagor and the use thereof until the law-day of the instrument, does not, in view of the nature of the property, invalidate the mortgage as to existing or subsequent…
2Cases cited2 opinions
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
3Cited by8 opinions
- Drain v. F. S. Royster Guano Co.Supreme Court of Alabama · 1936
- Baker v. Gate City Coffin Co.Supreme Court of Alabama · 1919
- Deloney v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1961
- Lamar & Rankin Drug Co. v. JonesSupreme Court of Alabama · 1908
- Lane v. EgglestonCourt of Appeals for the Fifth Circuit · 1922
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