Gray & Dudley Hardware Co. v. Guthrie
Supreme Court of Alabama
Appeal from Chancery Court, Cullman County; James E. Horton, Jr., Chancellor. Suit by Gray & Dudley Hardware Company against W. L. Guthrie, as trustee, and others. From decree for respondents, complainant appeals.
1Opinion of the CourtMayfield, J.
Appellant corporation filed its bill in tbe chancery court of Cullman county to foreclose a mortgage executed by Charles Ruehl on the 12th day of June, 1914, but which was not filed for record until September 3, 1914. The mortgage was to secure the payment of a note for 81,660.73, maturing the 1st of August, 1914, and any other indebtedness which might thereafter accrue or exist, before the maturity of the debt or the enforcement of the mortgage; but none, other than the note mentioned, was shown to have accrued, so the mortgage was given in effect to secure an existing indebtedness. There…
2Cases cited15 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Murray, Dibrell & Co. v. McNealy & CuretonSupreme Court of Alabama · 1888
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3Cited by4 opinions
- Mitchell v. ConwaySupreme Court of Alabama · 1952
- Kimbrough v. AlredSupreme Court of Alabama · 1918
- Prestwood v. GanttAlabama Court of Appeals · 1935
- Takiff v. Infante, Pennsylvania Court of Common Pleas, Philadelphia County1938