Saffold v. Wade's
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. B. B. McCraw. The bill in this case was filed on the 11th January, 1872, by the executor of the last will and testament of Hudson Wade, deceased, against Thomas P. Saffold, William O. Saffold, Mrs. Ann Saffold, who was the mother of said William O. Saffold, the wife and children of said William O. Saffold, and the personal representative of Alfred Eubanks, deceased.
Read the full summary
Appeal from the Chancery Court of Henry. Heard before the Hon. B. B. McCraw. The bill in this case was filed on the 11th January, 1872, by the executor of the last will and testament of Hudson Wade, deceased, against Thomas P. Saffold, William O. Saffold, Mrs. Ann Saffold, who was the mother of said William O. Saffold, the wife and children of said William O. Saffold, and the personal representative of Alfred Eubanks, deceased. Its object was to foreclose a mortgage on a tract of land in Henry county, known as the “ Saffold old plantation,” which said William O. Saffold had executed to said…
1Opinion of the Court
Cowan & Oates, contra.
1. The equity of the bill rests on the doctrine of subrogation, and it was not necessary that the complainant should have exhausted his legal remedies. Toulmin v. Hamilton, 7 Ala. 362; Troy v. Smith & Shields, 33 Ala. 469; Moses v. Murgatroyd, 1 Johns. Ch. 118.
2. The bill shows the impracticability of requesting defendant Banks to join as a complainant, his whereabouts being unknown.
3. As to the misjoinder of Banks as a party defendant, the other defendants cannot take advantage of the objection. Robison v. Robison, 44 Ala. 269.
4. If either the estate of Eubanks, or…
2Cases cited13 opinions
- Moses v. MurgatroydNew York Court of Chancery · 1814
- Wilkin v. WilkinNew York Court of Chancery · 1814
- Wells v. MorrowSupreme Court of Alabama · 1861
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Chapman v. HamiltonSupreme Court of Alabama · 1851
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Craft v. RussellSupreme Court of Alabama · 1880
- Durham v. CraigIndiana Supreme Court · 1881
- Bailey, Davis & Co. v. TimberlakeSupreme Court of Alabama · 1883
- Horan v. HoranSupreme Court of Alabama · 1953
- Lehman, Durr & Co. v. ShookSupreme Court of Alabama · 1881
8 more not listed; retrieve them via the Exa API.