DeVendal v. Malone's Executors
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wade Keyes. The ease made by the pleadings in the record is substantially as follows : Thomas Malone filed his bill on the 14th December, 1849, against Henry Leitman and Charles Bingham, to foreclose two mortgages ; one executed to himself on the 21st January, 1840, by them, for his indemnity and protection, as their endorser of the following notes : three held by tbe Bank of Mobile, one of them for $906 20, due…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Wade Keyes. The ease made by the pleadings in the record is substantially as follows : Thomas Malone filed his bill on the 14th December, 1849, against Henry Leitman and Charles Bingham, to foreclose two mortgages ; one executed to himself on the 21st January, 1840, by them, for his indemnity and protection, as their endorser of the following notes : three held by tbe Bank of Mobile, one of them for $906 20, due 18 th April, 1840 j another for $901 06, due 18th May, 1840, and the third for $905 90, due 18th June, 1840 ; also one…
1Opinion of the Court
CHILTON, C. J. —
The two cases having been consolidated by the consent of the respective counsel, and the bill of De-Vendal, by their agreement, being taken as a cross bill and an answer, we must regard it, when considered as an answer, in the same light as we would an answer formally put in. But allowing the appellees the benefit of thus considering the cross bill, we think, that after applying to it the most stringent rules, it puts the complainants in the original bill upon proof of the consideration of their mortgage. The answer is, that these demands were unreal, — fictitious,—and that…
2Cases cited1 opinion
- Nolen v. Heirs of GwynSupreme Court of Alabama · 1849
3Cited by3 opinions
- Boyd v. BeckSupreme Court of Alabama · 1857
- Lester A. York v. John P. JamesWyoming Supreme Court · 1944
- Williams v. Hill, McLane, & Co.Supreme Court of the United States · 1857