Johnston v. Riddle
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. N.. S. Graham. The appellees in this case, S. S. D. Riddle, James J. Yincent, J. G. L. Huie, and others, severally recovered judgments in the Circuit Court of Dallas county, at its Fall term, 1871, against the Selma, Rome and Dalton Railroad Company; and executions on said judgments having been duly returned “No property found,” writs of garnishments in each case was sued out on the 24th December, 1872, and…
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Appeal from the Chancery Court of Dallas. Heard before the Hon. N.. S. Graham. The appellees in this case, S. S. D. Riddle, James J. Yincent, J. G. L. Huie, and others, severally recovered judgments in the Circuit Court of Dallas county, at its Fall term, 1871, against the Selma, Rome and Dalton Railroad Company; and executions on said judgments having been duly returned “No property found,” writs of garnishments in each case was sued out on the 24th December, 1872, and served on the same day on the Southern Express Company, as the debtor of said railroad company. At the ensuing Spring term,…
1Opinion of the CourtSomerville, J.
The rule in. ordinary cases is, that the" mortgagee can always claim the rents, income or profits of the mortgaged property,- after the law-day, or forfeiture of the mortgage. But he is required to be active in making the claim either by giving notice to the tenants or lessees in possession’ or by filing his bill for the purpose of foreclosure in a court of equity. And in the absence of a claim by notice, he obtains no lien on such rents, income or profits, by the mere filing of his Mil, or even by the service of a smnmons on the defendants. To secure this right or lien, he must procure the…
2Cases cited11 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
- American Bridge Co. v. HeidelbachSupreme Court of the United States · 1877
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Morgan Bros. v. Dayton Coal & Iron Co.Tennessee Supreme Court · 1915
- Alabama National Bank v. Mary Lee Coal & Railway Co.Supreme Court of Alabama · 1895
- Gaynor v. BlewettWisconsin Supreme Court · 1892
10 more not listed; retrieve them via the Exa API.