Erwin v. Ferguson
Supreme Court of Alabama
Weit of Error to the Court of Chancery for the first Dictrict of the Southern Division. This bill is to foreclose a mortgage executed in October, 1830, by Henry Hitchcock and Anne, his wife, upon certain lands and tenements in Mobile, to secure the payment of forty thousand dollars, due by bond, from Hitchcock to Jonathan Ogden and John Ferguson.
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Weit of Error to the Court of Chancery for the first Dictrict of the Southern Division. This bill is to foreclose a mortgage executed in October, 1830, by Henry Hitchcock and Anne, his wife, upon certain lands and tenements in Mobile, to secure the payment of forty thousand dollars, due by bond, from Hitchcock to Jonathan Ogden and John Ferguson. The bill states that Ogden, one of the obligees, departed this life previous to its exhibition, and his executors join with the survivor, Ferguson, as complainant in the suit without any specific allegations to show that any interest in the bond and…
1Opinion of the CourtGoldthwaite, J.
The questions which have been raised with respect to the parties to this bill, the manner in which the service has been perfected on the defendants, and the decree as against those who are absent, have a preference of examination, because, if decided adversely to the complainants, the investigation of the other points will be rendered unnecessary.
1. We propose then, first, to consider who are the necessary parties, as complainants, to this bill; and if others are joined, whether this can so affect the decree as to cause its reversal.
There is much apparent conflict of decision upon the subject…
2Cases cited3 opinions
- Clark v. BeachSupreme Court of Connecticut · 1826
- Whitney v. M'KinneyNew York Court of Chancery · 1823
- Wilkins v. WilkinsSupreme Court of Alabama · 1837
3Cited by22 opinions
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Horton v. SledgeSupreme Court of Alabama · 1856
- Coster's Ex'rs v. Bank of GeorgiaSupreme Court of Alabama · 1853
- Hunley v. HunleySupreme Court of Alabama · 1848
- Carwile v. CrumpSupreme Court of Alabama · 1910
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