Carwile v. Crump
Supreme Court of Alabama
Bill to Foreclose Mortgage. Appeal from Birmingham City Court. Heard before Hon. H- A. Sharpe. Bill by Mary J. Crump and others against John A. Carwile, as administrator of Z. T. Carwile, and his heirs at law, to foreclose mortgage. Judgment for complainants, and respondents appeal.
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Bill to Foreclose Mortgage. Appeal from Birmingham City Court. Heard before Hon. H- A. Sharpe. Bill by Mary J. Crump and others against John A. Carwile, as administrator of Z. T. Carwile, and his heirs at law, to foreclose mortgage. Judgment for complainants, and respondents appeal. Demurrer was filed to the bill, setting up that there was a misjoinder of parties, in that no one had any rights in the matter except the administrator, and that the heirs at law were improperly joined. This demurrer was overruled. The contention as to attorney’s fees sufficiently appears in the opinion of the…
1Opinion of the CourtAndebson, J.
— The bill sought a foreclosure of the mortgage and and accounting to ascertain the indebtedness, and the personal representative was a prop*208er paxdy Respondent. — Eslava v. New York Co., 121 Ala. 484, 25 South. 1013; Dooley v. Villalonga, 61 Ala. 129. And as the heirs of the deceased mortgagor were indispensable parties, there was no misjoinder. — McCollum v. Prewitt, 37 Ala. 573; Batre v. Auze, 5 Ala. 173; Erwin v. Ferguson, 5 Ala. 158; Kennedy v. Kennedy, 2 Ala. 573; Jennings v. Jenkins, 9 Ala. 286. The genex’al rule is that if a bill is defective for want of proper parties advantage should…
2Cases cited8 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Powe v. McLeod & Co.Supreme Court of Alabama · 1884
- Dooley v. VillalongaSupreme Court of Alabama · 1878
- Erwin v. FergusonSupreme Court of Alabama · 1843
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Baisden v. City of GreenvilleSupreme Court of Alabama · 1927
- Thomas v. BarnesSupreme Court of Alabama · 1929
- Wood v. BarnettSupreme Court of Alabama · 1922
- Mancill v. ThomasSupreme Court of Alabama · 1927
- Webb v. SprottSupreme Court of Alabama · 1932
14 more not listed; retrieve them via the Exa API.