Dadeville Oil Mill v. Hicks
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by the Dadeville Oil Mill against W. W. Hicks and others, to have certain mortgages declared a general assignment, and enforce the assignment as to- the creditors. From a decree dismissing the bill for failure of proof complainants appeal.
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Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by the Dadeville Oil Mill against W. W. Hicks and others, to have certain mortgages declared a general assignment, and enforce the assignment as to- the creditors. From a decree dismissing the bill for failure of proof complainants appeal. A mortgage executed by a debtor conveying substantially all of Ms property as security for a pre-existing debt which is extended contemporaneously with the execution of the mortgage, and also for advances which the mortgagee stipulates in the mortgage to make to the mortgagor,…
1Opinion of the CourtMayfield, J.
— Appellant filed its bill to have certain mortgages, executed by F. P. Wallace and wife to W. W. Hicks, doing business under the firm name of W. W. Hicks & Co., declared a general assignment; and to enforce the assignment so declared among the creditors of said mortgagors, one or chief of whom was complainant. The suit was submitted for final decree on pleading and proof. The chancellor denied all relief and dismissed the bill upon the ground that the complainant failed in its proof to show that the several mortgages were in effect, or could, by a court of equity, be declared to be a general…
2Cases cited8 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- White v. CotzhausenSupreme Court of the United States · 1889
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Anniston Loan & Trust Co. v. Ward & Co.Supreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- In re Grocers' Baking Co.District Court, N.D. Alabama · 1920
- Randolph v. BradfordSupreme Court of Alabama · 1920