Legal Opinion

Smith v. Alabama Life Insurance & Trust Co.

Supreme Court of Alabama

Decided January 15, 1843PublishedCited by 17 opinions

EkeoR to the Chancery Court at Camden. This bill was filed by the defendant in error to foreclose a mortgage executed on real estate, to secure the payment of seven thousand five hundred dollars, secured by a bond for that amount, with the following condition: The condition of the said obligation is such, that whereas, the said Archibald K. Smith, is indebted to the Alabama Life Insurance and Trust Company in the said sum of seven thousand five hundred dollars, which sum is…

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EkeoR to the Chancery Court at Camden. This bill was filed by the defendant in error to foreclose a mortgage executed on real estate, to secure the payment of seven thousand five hundred dollars, secured by a bond for that amount, with the following condition: The condition of the said obligation is such, that whereas, the said Archibald K. Smith, is indebted to the Alabama Life Insurance and Trust Company in the said sum of seven thousand five hundred dollars, which sum is intended to be secured by this bond and mortgage. Now if the said Archibald K. Smith shall pay, or cause to be paid, the…

1Opinion of the CourtOrmond, J.

This controversy grew out of a contract made by the Alabama Life Insurance and Trust Company with the plaintiff in error. The company advanced to the plaintiff their bonds in amounts of five hundred and a thousand dollars, in all amounting to the sum of seven thousand five *561hundred dollars, which were made payable to the Secretary of the Company, or his order, at-in the city of New York,. carrying interest at the rate of six per cent, per annum, payable semi-annually, on the first day of January and July in each and every year, upon the delivery of coupons severally annexed thereto until…

2Cases cited4 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
  3. Beaty v. Lessee of KnowlerSupreme Court of the United States · 1830
  4. State v. StebbinsSupreme Court of Alabama · 1828

3Cited by17 opinions

  1. Ex parte BurnettSupreme Court of Alabama · 1857
  2. City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
  3. First National Bank of Gadsden v. Winchester.Supreme Court of Alabama · 1898
  4. Sherwood v. AlvisSupreme Court of Alabama · 1887
  5. Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885

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