Fenno v. Sayre
Supreme Court of Alabama
This cause comes here by writ of error from the Court of Chancery sitting at Cahawba. THE defendants in error filed their bill against Wm.
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This cause comes here by writ of error from the Court of Chancery sitting at Cahawba. THE defendants in error filed their bill against Wm. K. Paulling, Benjamin Glover, George W. Fenno, Columbus W. Lea and Messrs Cook & Kornegay, alleging that Paulling was indebted to them in the sum of nine thousand six hundred and thirty-five dollars and eighty-five cents, by promissory note, dated the thirty-first of May, 1837, and payable eighteen months thereafter, to, Lewis W. Pond or bearer, at the Mobile Bank; and that to secure the payment thereof, he executed to them a mortgage in fee of certain…
1Opinion of the CourtCollier, C. J.
It was no ground of demurrer to the bill-, that the promissory note which the mortgage from Paulling to the complainants was intended to secure, is not made an exhibit. The mortgage itself is exhibited, in which the note is described and this was sufficient to authorise its admission as evidence.
■ In respect to the omission in the bill to offer to refund to' Fenno, or the persons authorised to receive it, the money paid by him to Paulling, it may be remarked, that the complainants do not admit the liability of the lands in controversy to reimburse his advances; but the bill is framed upon the…
2Cases cited14 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Woodcock v. BennetNew York Supreme Court · 1823
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
9 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Wells v. MorrowSupreme Court of Alabama · 1861
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Peet & Co. v. HatcherSupreme Court of Alabama · 1895
- Daniel v. SorrellsSupreme Court of Alabama · 1846
49 more not listed; retrieve them via the Exa API.