J. M. Card Lumber Co. v. Ozement
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Bill by J. A. Ozement against M. G-. Mills and others to enforce an equitable mortgage or lien on certain timber and lumber manufactured therefrom. From a decree for complainant, respondent J. M. Card Lumber Company appeals.
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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Bill by J. A. Ozement against M. G-. Mills and others to enforce an equitable mortgage or lien on certain timber and lumber manufactured therefrom. From a decree for complainant, respondent J. M. Card Lumber Company appeals. The contract between Mills and Ozement under which Ozement is seeking to enforce a lien, is void so far as the lumber is concerned.—§ 4287, Code 1907; Adler v. Keith, 152 Ala. 452; Christian C. C .Go. v. Lyon> 121 Ala. 84; Gillespie v. McCleshy, 160 Ala. 298. Ozement is estopped from setting up his claim…
1Opinion of the Court
McCLELLAN, j.
This bill, filed by appellee against M. G. Mills and the appellant company and J. W. Carson, Mills’ trustee in bankruptcy, seeks the enforcement of an equitable mortgage or lien on certain timber rights and certain manufactured timber (cut into merchantable lumber) upon or taken from the lands of the appellee. The basis of the right complainant asserts is an instrument executed July 30, 1910, by complainant and his wife, on the one part, and M. G. Mills, on the other. Complainant was the owner of a considerable area of timber lands. Mills appears to have been a sawmill operator.…
2Cases cited9 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Adkins v. BynumSupreme Court of Alabama · 1895
- Gillespie v. McCleskySupreme Court of Alabama · 1909
- Glass v. TisdaleSupreme Court of Alabama · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nelson Realty Co. v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1957
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Mitchell v. ConwaySupreme Court of Alabama · 1952
- Farmers' State Bank v. Kirkland BrackinSupreme Court of Alabama · 1917
- Titus v. NieheiserSupreme Court of Alabama · 1959
1 more not listed; retrieve them via the Exa API.