Harbinson v. Harrell
Supreme Court of Alabama
ERROR to the Chancery Cóurt of Lowndes.. Tried'before the Hon. J; W. Lesesne.. The.bill alleges that the complainants,. Harbinson et als. became the securities for one John Powers,..on two. promissory notes executed by him to one George M-. Reese, for-borrowed money, dieted on the 17th July^ 1848, anddhe January 1,1850, for the aggregate sum of $7,114 39 ; that to secure complainants-against their liability on said notes, said Powers executed to them a mortgage, or deed of…
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ERROR to the Chancery Cóurt of Lowndes.. Tried'before the Hon. J; W. Lesesne.. The.bill alleges that the complainants,. Harbinson et als. became the securities for one John Powers,..on two. promissory notes executed by him to one George M-. Reese, for-borrowed money, dieted on the 17th July^ 1848, anddhe January 1,1850, for the aggregate sum of $7,114 39 ; that to secure complainants-against their liability on said notes, said Powers executed to them a mortgage, or deed of trust, oh 'certain lands -and ne-groes, which was duly recorded in the proper office-; that said mortgage stipulated that…
1Opinion of the CourtChilton, J.
1. The law is stated in this State that the mortgagor of personal property, remaining in the actual possession before the law day, has such an interest therein as is subject to levy and sale under execution at law. This rule was first asserted in McGregor & Darling v. Hall, 3 S. & P. 397, and has never since been departed from. The difficulty with mo has been the quantum of the interest thus to be subjected. Is it the mere usufruct until the laAv day, or this, with the mortgagor’s equity of redemption I Upon a careful review of the several decisions of this court, I am satisfied that they…
2Cases cited5 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Marriott v. GivensSupreme Court of Alabama · 1845
- Williams v. JonesSupreme Court of Alabama · 1841
- Cook v. DyerSupreme Court of Alabama · 1842
- Hobson v. Kissam & Co.Supreme Court of Alabama · 1845
3Cited by16 opinions
- Abney v. DeLoachSupreme Court of Alabama · 1887
- Nance v. GraySupreme Court of Alabama · 1904
- Heflin v. SlaySupreme Court of Alabama · 1884
- Copeland & Brantley v. CunninghamSupreme Court of Alabama · 1879
- Moses Bros. v. Home Building & Loan Ass'nSupreme Court of Alabama · 1893
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