Shirley v. Teal
Supreme Court of Alabama
Bill in Equity by Judgment Creditor to have Mortgage Declared General Assignment. Appeal from Pike Chancery Court. Heard before Hon. H. Austell. This was a bill in chancery, filed November 27, 1877, by Arnold Teal against Jas. S. Shirley and Fox Henderson.
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Bill in Equity by Judgment Creditor to have Mortgage Declared General Assignment. Appeal from Pike Chancery Court. Heard before Hon. H. Austell. This was a bill in chancery, filed November 27, 1877, by Arnold Teal against Jas. S. Shirley and Fox Henderson. The bill alleged that James S. Shirley and wife executed a mortgage to Henderson & Co., on certain lands in Bullock county, and the crops raised thereon ; that the defendant, Fox ‘ Henderson, was a member of said firm, and the only one interested in said mortgage ; that at, and before, the time when this mortgage was executed, the…
1Opinion of the CourtSomebyille, J.
— Tlie only assignment of error presented by the record in this case is, that the Chancellor erred in declaring the mortgage executed by J. S. Shirley and wife, on January 5th, 1877, to J. A. Henderson & Co., to be a general assignment. The consideration of the mortgage is recited to be a debt due by Shirley to the mortgagees “by crop-lien note,” of even date with the instrument, for the sum of $1,200, and “ to further secure the payment of said sum, together luith any amounts that may be advanced under said lien note.” The pleadings and proof show that this note was intended to secure the…
2Cases cited2 opinions
- Warren v. LeeSupreme Court of Alabama · 1858
- Stetson & Co. v. MillerSupreme Court of Alabama · 1860
3Cited by13 opinions
- McWilliams v. JenkinsSupreme Court of Alabama · 1882
- Sneed v. DavisSupreme Court of Florida · 1938
- Pollak v. McNeilSupreme Court of Alabama · 1893
- Mullen v. First Nat. Bank of MontgomerySupreme Court of Alabama · 1933
- Myers v. Conway & Co.Supreme Court of Alabama · 1890
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