Bickerton v. Guttery
Supreme Court of Alabama
Appeal, from Walker Chancery Court. Heard before Hon. Thomas Cobbs. Bill in equity by V. L. Guttery against John W. Bickerton and S. N. Morris to foreclose a mortgage executed by Bickerton to Morris, and by said Morris transferred to the complainant. There was decree pro confesso against Morris.
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Appeal, from Walker Chancery Court. Heard before Hon. Thomas Cobbs. Bill in equity by V. L. Guttery against John W. Bickerton and S. N. Morris to foreclose a mortgage executed by Bickerton to Morris, and by said Morris transferred to the complainant. There was decree pro confesso against Morris. Bickerton defended, and in his answer set up that Morris, while owner of the mortgage, took possession as mortgagee of the land therein embraced, and that the rents and profits therefrom were, or should have been if collected by due diligence, more than sufficient to pay the mortgage debt, and further…
1Opinion of the Court
HARALSON, J.-
— A liability on Morris for rents and profits, could attach only in the event he entered as mortgagee in recognition of the mortgage, and the question raised by the record is, whether or not the evidence sustains the findings of the chancellor and register, that Morris was not in possession of the lands as mortgagee in the year 1895. If he was, he is liable for the reasonable rents for that year; if not, the defense set up fails. Daniel v. Coker, 70 Ala. 260; Keith v. McLaughlin, 114 Ala. 60.
The evidence shows without any conflict, that neither Morris nor defendant collected any…
2Cases cited2 opinions
- Daniel v. CokerSupreme Court of Alabama · 1881
- Keith v. McLaughlinSupreme Court of Alabama · 1896