Hall v. Huggins
Supreme Court of Alabama
Error to the Chancery Court of Mobile. Tried before the lion. J. W. Lesesne. . This was a bill to foreclose a mortgage, filed by the defendants in error. One of the mortgagors had died, and his interest in the mortgaged premises had been sold by an order of the Orphans’ Court. Hall, the purchaser at the sale, was made a defendant to the bill, and answered, but the complainants dismissed their bill as to him, and a decree of foreclosure and sale was rendered without him.
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Error to the Chancery Court of Mobile. Tried before the lion. J. W. Lesesne. . This was a bill to foreclose a mortgage, filed by the defendants in error. One of the mortgagors had died, and his interest in the mortgaged premises had been sold by an order of the Orphans’ Court. Hall, the purchaser at the sale, was made a defendant to the bill, and answered, but the complainants dismissed their bill as to him, and a decree of foreclosure and sale was rendered without him. The general principle, that all who are interested must be joined as plaintiffs or defendants, has been much modified.—…
1Opinion of the CourtParsons, J.
1. It is assigned as error, that the final decree- was made at a time when the court was not authorized to be held by law, and without legal authority. It is, however, unnecessary to decide this question, because the decree has to be reversed upon another ground.
2. The complainants dismissed their bill as to Daniel E. Hall, and afterwards proceeded without him as a' party. This we think, was erroneous.
E. S. Beebe and George W. Clark were the mortgagors; the former died,1 and his interest as mortgagor was sold under an order of the Orphans’ Court, and Mr. Hall become the purchaser, and as…
2Cases cited1 opinion
- Heirs of Capal v. M'MillanSupreme Court of Alabama · 1838
3Cited by4 opinions
- Thompson v. CampbellSupreme Court of Alabama · 1876
- Rountree v. SatterfieldSupreme Court of Alabama · 1924
- Comer v. BraySupreme Court of Alabama · 1887
- Flournoy v. HarperSupreme Court of Alabama · 1886