Legal Opinion

Knox v. Wilson

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 2 opinions

. But m Egmtry to enforce Verbal Agreement as Mortgage, or Eguitdble Lien on Personal Property. Appeal from the Chancery Court of Pike. Heai-d before the ITon. N. S. Geaitam. The bill in this case was filed on the 20th February, 1884, by John B. Knox, against Archelaus Wilson and his two sons, Charles and Wm. Ii.

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. But m Egmtry to enforce Verbal Agreement as Mortgage, or Eguitdble Lien on Personal Property. Appeal from the Chancery Court of Pike. Heai-d before the ITon. N. S. Geaitam. The bill in this case was filed on the 20th February, 1884, by John B. Knox, against Archelaus Wilson and his two sons, Charles and Wm. Ii. Wilson ; and sought to establish and enforce an alleged equitable lien or mortgage on certain crops raised by the defendants, for the price of a certain quantity of guano sold and delivered to them by the plaintiff, amounting to $282.75. According to the allegations of the bill, the…

1Opinion of the CourtSomerville, J.

We cannot clearly see that the decree of the chancellor is wrong, in holding that the evidence fails to satisfactorily show that two of the defendants, William and Charles Wilson, ever agreed to make a parol mortgage of their property to secure the debt admitted to be due the complainant. So far as concerns the other defendant, A. Wilson, the evidence probably shows that he expressed a willingness to give such a mortgage, both verbally and in writing; but his intention seems to have remained unexecuted. His note to the complainant, bearing date January, 24th, 18«3, is not sufficiently free…

2Cited by2 opinions

  1. Lippman v. First National BankSupreme Court of Alabama · 1897
  2. Consolidated Motor Co. of Alabama v. MalikSupreme Court of Alabama · 1922

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