Bell v. Hall
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 5th September, 1881, by Frank A. Hall, as the administrator of Samuel M. Sharp, deceased, against the widow and minor children of said Sharp, together with Willis Y. Bell and Charles Sankey; and sought to foreclose a mortgage on a tract of land, which was executed to said Samuel M. S"barp by Jarratt Sankey and wife, both since deceased.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 5th September, 1881, by Frank A. Hall, as the administrator of Samuel M. Sharp, deceased, against the widow and minor children of said Sharp, together with Willis Y. Bell and Charles Sankey; and sought to foreclose a mortgage on a tract of land, which was executed to said Samuel M. S"barp by Jarratt Sankey and wife, both since deceased. The chancellor overruled a demurrer to the bill, for want of equity, and, on final hearing on pleadings and proof, rendered a decree for…
1Opinion of the CourtClopton, J.
— The bill is brought by the administrator of a mortgagee, for the purpose of foreclosing a mortgage on lands, executed by Jarratt Sankey and wife, in February, 1878, to secure the purchase-money of the lands. The right of the defendant, Bell, to the mortgage debt, is founded on a sale and transfer by the deceased mortgagee’s widow; and her right to *548sell and transfer is based on a claim of exemption, and its selection as exempt.
The amended bill alleges, that the only debt due by the intestate of complainant, so far as has been brought to his knowledge, is a liability as surety on the bond of…
2Cases cited7 opinions
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Dooley v. VillalongaSupreme Court of Alabama · 1878
- Nelson v. McCrarySupreme Court of Alabama · 1877
- Fearn v. WardSupreme Court of Alabama · 1880
- Watson v. OatesSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Gill v. MoreSupreme Court of Alabama · 1917
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Jackson v. WilsonSupreme Court of Alabama · 1897
- Gamble v. KellumSupreme Court of Alabama · 1892
11 more not listed; retrieve them via the Exa API.