Bethune v. Oates
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. B. B. McCeaw. William C. Oates, the appellee, filed his bill against John M. Bethune, James A. Flemming, W. H. Stuckey, Elizabeth John as guardian, and others.
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Appeal from the Chancery Court of Henry. Heard before the Hon. B. B. McCeaw. William C. Oates, the appellee, filed his bill against John M. Bethune, James A. Flemming, W. H. Stuckey, Elizabeth John as guardian, and others. The bill avers that in 1872, one Henry Maybin sold certain lands described in the bill to said Bethune; that on the 21st of December of that year Bethune sold one-half of said land to said Flemming, and by-agreement of said three parties, the said Bethune and Flem-ming delivered to said Maybin, in part payment of said lands, their two notes, as joint purchasers, and that…
1Opinion of the Court
BBICKELL, 0. J.
The decree may, so far as it entitles the appellee to priority of payment, over the mortgage to Mrs. John, depart from the agreement of the parties, and if she was complaining the error would perhaps compel a reversal. But she did not join in the appeal, nor in the assignment of errors. The mortgagors are the only parties appellant, and they are bound for the payment of the debt to the appellee, and the mortgage debt to Mrs. John, and have no interest in the matter of priority of right to chafge the lands. In any event, as to them, the lands are subject to the payment of both…
2Cited by1 opinion
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