Hughes v. Clifton
Supreme Court of Alabama
Appeal from Madison Chancery Court. Heard before Hon. W. H. Simpson. Bill by Janies Hughes as administrator of the estate of John Hughes, deceased, against Wesley Clinton, and others. From a judgment for defendants, plaintiff appeals. This was a bill filed by the appellant as the administrator of the estate of John Hughes, deceased, seeking the foreclosure of a mortgage on land executed by Wesley Clinton and Apfe to said Hughes.
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Appeal from Madison Chancery Court. Heard before Hon. W. H. Simpson. Bill by Janies Hughes as administrator of the estate of John Hughes, deceased, against Wesley Clinton, and others. From a judgment for defendants, plaintiff appeals. This was a bill filed by the appellant as the administrator of the estate of John Hughes, deceased, seeking the foreclosure of a mortgage on land executed by Wesley Clinton and Apfe to said Hughes. The defendants inter posed demurrers and pleas to- bill, but the demurrers were overruled and the pleas held insufficient. All the defendants except Wesley Clinton…
1Opinion of the CourtAnderson, J.
“As a general rule, a mortgage debt- or is authorized to infer that an attorney or agent, who has been employed to make a loan and retains possession of the bond and mortgage, is empowered to receive payment of both the interest and of the principal. But this inference is founded on his custody of the securities, and it ceases when these are withdrawn by the creditor; and it is incumbent on the debtor, who relies upon a payment so made to an attorney or agent, to- show that the securities were in his possession when he made the payment, unless the action of the creditor be such as to estop…
2Cases cited2 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Smith v. . KiddNew York Court of Appeals · 1877
3Cited by4 opinions
- Thompson v. WareSupreme Court of Alabama · 1917
- Caton v. Andalusia Nat. BankSupreme Court of Alabama · 1927
- Lawler v. Corinth Bank & Trust Co.Supreme Court of Alabama · 1928
- Caton v. Andalusia Nat. BankAlabama Court of Appeals · 1927