McGowan v. Branch Bank at Mobile
Supreme Court of Alabama
Writ of error to the Court of Chancery for the first district, southern division. Bill to foreclose, by the Bank against E. 0. McGowan, Champ Taylor and Cynthia, his wife.
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Writ of error to the Court of Chancery for the first district, southern division. Bill to foreclose, by the Bank against E. 0. McGowan, Champ Taylor and Cynthia, his wife. It alledges that Taylor, and McGowan, on the 27th May, 1840, were indebted to the complainant, $12,736 70, to be paid as afterwards stated; that the better to secure the same, on that day they executed their certain deed of mortgage, which the party asserted a readiness to produce to the Court, as it might direct. After setting out the description of the estate conveyed by the mortgage deed, the-bill proceeds thus: “ The…
1Opinion of the Court
60LDTH WAITE, J. —
1. We propose to consider the errors assigned here, in the order in which they are supposed to have occurred, in the course of the proceedings.
The objection to the publication, under which one of the defendants was before the Court, is, that one mortgage only is stated as the substance of the bill, and even that is improperly described. The 17th rule is of the same nature as the statute regulation, directing a copy of the bill to be served with the subpoena, (Clay’s Digest, 351, § 34.) Both were intended to advise the defendant, of the description of the suit against him,…
2Cases cited2 opinions
- Levert v. RedwoodSupreme Court of Alabama · 1839
- Hartwell v. BlockerSupreme Court of Alabama · 1844
3Cited by11 opinions
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Mobile & Cedar Point R. R. v. Talman & RalstonsSupreme Court of Alabama · 1849
- Eslava v. New York National Building & Loan Ass'nSupreme Court of Alabama · 1898
- Carradine v. O'ConnorSupreme Court of Alabama · 1852
- Engle v. BronaughSupreme Court of Alabama · 1922
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