Oden v. Vaughn
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Bill by W. B. Vaughn against Alice E. Oden, as administratrix, and others to compel the transfer of stock to be entered upon the book of the corporation and divest all apparent right to same out of Alice Oden and the estate of her decedent. From a decree granting the relief prayed, respondent Alice E. Oden appeals. There was no proof, and under section 3163, Code 1907, this was clearly error.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Bill by W. B. Vaughn against Alice E. Oden, as administratrix, and others to compel the transfer of stock to be entered upon the book of the corporation and divest all apparent right to same out of Alice Oden and the estate of her decedent. From a decree granting the relief prayed, respondent Alice E. Oden appeals. There was no proof, and under section 3163, Code 1907, this was clearly error. The sale was not such as to cut oft redemption. 2 Cobbey, Chattel Mortgages, §§ 938, 961, and 960. The paper was a mortgage. S3 Ala. 357, 3…
1Opinion
On Rehearing.
THOMAS, X
Appellant invokes a decision by the court as to whether the transfer of the shares of stock in question constituted a mortgage or a pledge.
The instant bill avers that—
“On or about the 19th day of July, 1904, A. A. Oden was indebted to complainant in a large sum of money, to wit, $2-,000, and to secure said indebtedness transferred and assigned unto complainant as collateral security a certificate for five shares of the capital stock of the Bank of Hartselle, which certificate was numbered 7, and was issued to A. A. Oden by the Bank of Hartselle on the 14th day of…
2Cases cited43 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Luckett v. TownsendTexas Supreme Court · 1848
- Wilson v. . LittleNew York Court of Appeals · 1849
- McFarland v. WheelerNew York Supreme Court · 1841
- Locke's v. PalmerSupreme Court of Alabama · 1855
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