Legal Opinion

Carlisle v. Wilkins's Administrators

Supreme Court of Alabama

Decided June 15, 1874PublishedCited by 1 opinion

Appeal from the Chancery Court of Lee. Heard before the Hon. B. B. McCrAW. The bill in this case was filed on the 12th December, 1870, by the personal representatives of John L. Wilkins, deceased, and sought to foreclose a mortgage of certain lands, which was executed by W. G. Carlisle, one of the defendants, on the 4th June, 1866, and was given to indemnify George F. Taylor against liability as his surety on a note for $700, payable on the 25th December, 1860, to J. Y.…

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Appeal from the Chancery Court of Lee. Heard before the Hon. B. B. McCrAW. The bill in this case was filed on the 12th December, 1870, by the personal representatives of John L. Wilkins, deceased, and sought to foreclose a mortgage of certain lands, which was executed by W. G. Carlisle, one of the defendants, on the 4th June, 1866, and was given to indemnify George F. Taylor against liability as his surety on a note for $700, payable on the 25th December, 1860, to J. Y. Trammell, as the executor of said John L. Wilkins. The mortgage was duly acknowledged on the 29th June, 1866, and was left…

1Opinion of the CourtB. F. Saffold, J.

The appellees, as the administrators of John L. Wilkins, sought to enforce a mortgage of land, which the appellant, Carlisle, executed, on the 4th of June, 1866, to George F. Taylor, as a security for the payment of a promissory note payable to Trammell, executor of the said John L. Wilkins, and made by Carlisle, with Taylor as his surety. The note and mortgage were assets of the estate of Wilkins, Taylor having assigned the mortgage to Turner, administrator of Wilkins, and came to the complainants as his representatives by proper transfers and assignments. The mortgage was acknowledged on…

2Cases cited4 opinions

  1. Martin v. HewittSupreme Court of Alabama · 1870
  2. Mobile & Cedar Point R. R. v. Talman & RalstonsSupreme Court of Alabama · 1849
  3. Thompson v. MarshallSupreme Court of Alabama · 1860
  4. Bush v. GloverSupreme Court of Alabama · 1872

3Cited by1 opinion

  1. Abernathy v. MosesSupreme Court of Alabama · 1882

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