Hughes v. Hatchett & Trimble
Supreme Court of Alabama
Appeal from the Chancery Court of Elmore. Heard before tbe Hon. Chables TüBNEB, This is an appeal from an order appointing a receiver, and is a branch of the case between the same parties, reported ante, pp. 539-47, which see. The material facts are stated in the opinion of the court, and in the former report. Hatchett & Trimble, having the legal title to the land, could enter, and thus secure the rents and profits.
Read the full summary
Appeal from the Chancery Court of Elmore. Heard before tbe Hon. Chables TüBNEB, This is an appeal from an order appointing a receiver, and is a branch of the case between the same parties, reported ante, pp. 539-47, which see. The material facts are stated in the opinion of the court, and in the former report. Hatchett & Trimble, having the legal title to the land, could enter, and thus secure the rents and profits. The appointment of a receiver is an extraordinary remedy, and is only granted in cases of absolute necessity. — High on Eeceivers, §§639 et seq., and authorities there cited. The…
1Opinion of the Court
MANNING, J. —
In 1874, appellant, Hughes, bought a tract of land of appellees, for $5,000, payable in five annual installments, for which he executed to them his several promissory notes, the first payable the 1st of January, 1875, and the *633others bearing interest from that date. They executed a bond to convey title to him when the notes should be paid; and he went into possession. In April, 1875, they, as complainants below, filed their bill to have the land sold to pay the note first due, which, they alleged, remained wholly unpaid. This note was for the sum of $500, and the others for $1,125…
2Cases cited2 opinions
- Bank of Ogdensburgh v. ArnoldNew York Court of Chancery · 1835
- Syracuse City Bank v. TallmanNew York Supreme Court · 1857
3Cited by10 opinions
- Taylor v. Decatur Mineral & Land Co.U.S. Circuit Court for the District of Northern Alabama · 1901
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
- Baker v. HowisonSupreme Court of Alabama · 1925
- Thompson v. Tower Manufacturing Co.Supreme Court of Alabama · 1888
- Pyeatt v. Prudential Ins. Co.Supreme Court of Oklahoma · 1913
5 more not listed; retrieve them via the Exa API.