Renfro Bros. v. Goetter, Weil & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. Graham. ■ J. M. Chilton, and Geo. P. Harrison, Jr., for appellants. The purpose of the original bill was to foreclose a mortgage, and Crumley Brothers were the only defendants. The object of the petition is to defeat the entire proceedings, on the assertion of their invalidity, and to have the fruits of the illegal proceedings accounted for to the petitioners.
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Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. Graham. ■ J. M. Chilton, and Geo. P. Harrison, Jr., for appellants. The purpose of the original bill was to foreclose a mortgage, and Crumley Brothers were the only defendants. The object of the petition is to defeat the entire proceedings, on the assertion of their invalidity, and to have the fruits of the illegal proceedings accounted for to the petitioners. The general rule requiring all parties interested to be made parties to the suit is confined to the interest involved in the issue, and which will be necessarily…
1Opinion of the CourtClopton, J.
The bill was brought by the surviving partners of Renfro Bros., for the foreclosure of a mortgage on a stock of merchandise, executed by Crumley Bros. December 25, 1878. The mortgagors were the only defendants. On the day of the filing of the bill, a receiver was appointed by consent, who, under the order of the register, took possession, and proceeded to sell and dispose of the goods. Goetter, Weil & Co. and others applied by petition, during the progress of the cause, to be admitted as defendants, “ for the purpose of defending against the said pretended claim of Renfro Bros., and the…
2Cases cited5 opinions
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Anderson v. Jacksonville, P. & M. R.United States Circuit Court for the Northern District of Florida · 1873
- Cowles v. AndrewsSupreme Court of Alabama · 1863
- Carow v. MowattNew York Court of Chancery · 1831
- Stretch v. StretchCourt of Appeals of Tennessee · 1874
3Cited by26 opinions
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Ex parte PrintupSupreme Court of Alabama · 1888
- Ex parte GraySupreme Court of Alabama · 1908
- Thornton v. Highland Avenue & Belt RailroadSupreme Court of Alabama · 1891
- Switow v. SherSupreme Court of Florida · 1939
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