Smith v. Gillam
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. • Heard before Hon. N. S. Graham. The bill in this case was filed by Harry J. Gillam and Mary J. Gillam, the heirs-at-law of Harry Gillam, deceased, and charged that one William M. A. Mitchell was indebted to the estate of their father by promissory notes, with John Rowe and Salmon Washburne-as sureties thereon; that on the 19th of March, 1866, the said Mitchell, “ being desirous to secure the said John Rowe against loss by…
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Appeal from the Chancery Court of Tallapoosa. • Heard before Hon. N. S. Graham. The bill in this case was filed by Harry J. Gillam and Mary J. Gillam, the heirs-at-law of Harry Gillam, deceased, and charged that one William M. A. Mitchell was indebted to the estate of their father by promissory notes, with John Rowe and Salmon Washburne-as sureties thereon; that on the 19th of March, 1866, the said Mitchell, “ being desirous to secure the said John Rowe against loss by virtue of his suretyship on said notes,” executed and delivered to him a-mortgage upon certain lands, set out in the bill.…
1Opinion of the CourtSomerville, J.
The bill in this case was filed by two wards against the executrix of their deceased guardian and others, claiming the right to be subrogated to the benefit of a mortgage, executed by a principal debtor of the ward’s estate to a surety on the debt for the purpose of indemnifying and *299securing him. The debt was reduced to judgment in favor of the guardian, Johnson, in the fall of Í886, against all the makers of the note by which it was evidenced. In March, 1886, the mortgage in question was executed by one Mitchell, the principal debtor, to his surety, Rowe, being duly registered as required by…
2Cases cited16 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Locke's v. PalmerSupreme Court of Alabama · 1855
- McCarthy v. McCarthySupreme Court of Alabama · 1883
- State v. ConnerSupreme Court of Alabama · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Oxford v. EstesSupreme Court of Alabama · 1934
- New England Mortgage Security Co. v. FrySupreme Court of Alabama · 1904
- Traweek v. HaglerSupreme Court of Alabama · 1917
- Hart v. KendallSupreme Court of Alabama · 1886
- Hood v. HammondSupreme Court of Alabama · 1900
19 more not listed; retrieve them via the Exa API.