Frazier v. Parks' Adm'rs
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. H. C. Speake. The original bill in this case was filed on the 26th April, 1873, by the administrators of the estate of Hugh L. Parks, deceased, against Samuel W. Erazier, and sought to foreclose a ’mortgage on land, which was executed by the defendant to said Hugh L. Parks.
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Appeal from the Chancery Court of Jackson. Heard before the Hon. H. C. Speake. The original bill in this case was filed on the 26th April, 1873, by the administrators of the estate of Hugh L. Parks, deceased, against Samuel W. Erazier, and sought to foreclose a ’mortgage on land, which was executed by the defendant to said Hugh L. Parks. The mortgage was dated the 12th July, 1867, and was given to secure the payment of a promissory note for $662.73, of even date with the mortgage, and payable twelve months after date, to said Hugh L. Parks; and both the note and mortgage were made exhibits to…
1Opinion of the CourtStone, J.
Certain questions controverted in this case, are, we think, so established by the proofs, that we lay them down as facts. Among these are the following: That W. H. Robinson, esq., was the attorney of record of Lavinia Kirby, in the matter of her suit and judgment against A. J. Kirby, S. W. Frazier, and Benjamin Snodgrass ; that Hugh L. Parks, complainant’s intestate, paid to Robinson the amount that remained due on said judgment, taking a transfer of same to himself, made by said Robinson in the name of Lavinia Kirby; that this payment was made by Parks, at the instance and request of…
2Cases cited1 opinion
- Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
3Cited by2 opinions
- Carroll v. BurgrinSupreme Court of Alabama · 1909
- Hayes v. WaldropSupreme Court of Alabama · 1926