Oden v. Vaughn
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Bill by W. B. Vaughn against Alice E. Oden, as administratrix, and others to compel the transfer of stock to be entered upon the book of the corporation and divest all apparent right to same out of Alice Oden and the estate of her decedent. From a decree granting the relief prayed, respondent Alice E. Oden appeals. There was no proof, and under section 3163, Code 1907, this was clearly error.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Bill by W. B. Vaughn against Alice E. Oden, as administratrix, and others to compel the transfer of stock to be entered upon the book of the corporation and divest all apparent right to same out of Alice Oden and the estate of her decedent. From a decree granting the relief prayed, respondent Alice E. Oden appeals. There was no proof, and under section 3163, Code 1907, this was clearly error. The sale was not such as to cut oft redemption. 2 Cobbey, Chattel Mortgages, §§ 938, 961, and 960. The paper was a mortgage. S3 Ala. 357, 3…
1Opinion of the CourtThomas, J.
The bill was filed to compel the Bank of Hartselle to transfer certain bank stock held by Mr. Oden in his lifetime and transferred to appellee as security for debt.
[1,2] It is immaterial whether the transaction be regarded as a mortgage or a pledge; the equity of the bill is unquestioned. The learned trial judge well states that—
“The theory of some of the cases is that the remedy at law is inadequate and incomplete, and that a court of equity by analogy will give relief on the theory of specific performance. Birmingham Nat. Bank v. Roden, 97 Ala. 404, 11 South. 883; Cushman v. Thayer Mfg.…
2Cases cited10 opinions
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Chavers v. MayoSupreme Court of Alabama · 1918
- Averyt Drug Co. v. Ely-Robertson-Barlow Drug Co.Supreme Court of Alabama · 1915
- Howell v. RandleSupreme Court of Alabama · 1911
- Boyett v. HahnSupreme Court of Alabama · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Oden v. KingSupreme Court of Alabama · 1927
- Louisville N. R. Co. v. ShikleSupreme Court of Alabama · 1921
- Crowson v. CodySupreme Court of Alabama · 1926
- Jones v. StateSupreme Court of Alabama · 1937
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
19 more not listed; retrieve them via the Exa API.