Hanchey v. Hurley
Supreme Court of Alabama
Appeal from tlie Chancery Court of Pike. Heard before the Hon. A. H. Alston. The hill in this case was filed by the appellant to enforce a mechanic’s lien and to subject the proceeds of a certain fire insurance policy to the payment of a debt for repairs upon a house against respondent Hurley.
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Appeal from tlie Chancery Court of Pike. Heard before the Hon. A. H. Alston. The hill in this case was filed by the appellant to enforce a mechanic’s lien and to subject the proceeds of a certain fire insurance policy to the payment of a debt for repairs upon a house against respondent Hurley. It also made the National Building & Loan Association party defendant because it held a mortgage against the property which had been foreclosed, the mortgagee purchasing át its own sale. E. It. Brannen was also made'a party defendant by virtue of an ¡alleged agreement to collect the sum due under a…
1Opinion of the CourtTyson, J.
Under tbe view I take of tbe case made by the bill, it is unnecessary to determine tbe question of estoppel raised against the respondent Mrs. Hurley, or tbe merit or demerit of tbe amendment to tbe bill alleging that tbe deed executed by her husband to her to tbe lot, sought to be condemned to tbe satisfaction of tbe complainant’s mechanic’s lien, was fraudulent; for the very obvious reason, that if it be admitted that both contentions are meritorious, tbe complainant could take nothing under either of them. The lot at tbe time of tbe filing of tbe bill, as shown by its allegations, bad…
2Cases cited12 opinions
- National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Norton v. Piscataqua Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1873
- Bell v. MoonSupreme Court of Virginia · 1885
- Hawkins Lumber Co. v. BrownSupreme Court of Alabama · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
- Bailey Mortg. Co. v. Gobble-Fite Lumber Co.Supreme Court of Alabama · 1990
- Zaner v. ThrowerSupreme Court of Alabama · 1919
- Davis v. ClaxtonMontana Supreme Court · 1928
- Kibbe v. ScholesSupreme Court of Alabama · 1929
7 more not listed; retrieve them via the Exa API.