Fry v. Merchants' Insurance
Supreme Court of Alabama
Error to the Chancery Court at Mobile. Before the Hon. Anderson Crenshaw. The bill in this case was filed by defendant, against the plaintiffs in error, and alleges, that on the 1st of April, 1835, ¥m.W.&G.H Fry, executed and delivered to Peter A.- Rem-son and Miguel D. Eslava, their deed of mortgage whereby they conveyed to them, certain real estate in the city of Mobile, particularly described in the mortgage, which is made an exhibit to the bill, to secure a debt of forty…
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Error to the Chancery Court at Mobile. Before the Hon. Anderson Crenshaw. The bill in this case was filed by defendant, against the plaintiffs in error, and alleges, that on the 1st of April, 1835, ¥m.W.&G.H Fry, executed and delivered to Peter A.- Rem-son and Miguel D. Eslava, their deed of mortgage whereby they conveyed to them, certain real estate in the city of Mobile, particularly described in the mortgage, which is made an exhibit to the bill, to secure a debt of forty two thousand three hundred and fifty dollars, due on their five several promissory notes, payable on the 1st April…
1Opinion of the CourtCollier, C. J.
It may be premised, that if a conflict of interest should exist among the defendants as to the disposition of the fund arising under the mortgage, of which the complainant is the assignee, beyond what is necessary to discharge it, the complainant should not be delayed in proceeding to a foreclosure and sale of the mortgaged premises, as its rights can be in no manner affected by a controversy, which merely concerns the defendants inter se se. Cullum et al. v. Erwin, 4 Ala. Rep. 453.
It is certainly true, that a court of chancery should guard the interests of infants, who are brought before it,…
2Cases cited5 opinions
- Walker v. HallettSupreme Court of Alabama · 1840
- Van Dyne v. ThayreNew York Supreme Court · 1838
- Beavers v. SmithSupreme Court of Alabama · 1847
- Mills v. DennisNew York Court of Chancery · 1818
- Johnson v. ElliottSupreme Court of Alabama · 1847
3Cited by9 opinions
- McCall v. McCurdySupreme Court of Alabama · 1881
- Scott v. WareSupreme Court of Alabama · 1880
- Boynton v. SawyerSupreme Court of Alabama · 1860
- Cheek v. WaldrumSupreme Court of Alabama · 1854
- Taylor v. TaylorSupreme Court of Alabama · 1922
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