Legal Opinion

British & American Mortgage Co. v. Norton

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 3 opinions

Appeal from the Chancery Court of Blount, Heard before the I-Ion. John C. Carmichael. The bill in this case was filed on the 5th day of June, 1895, by George C. Norton, G. H. Mourning, Alvah L. Terry and Douglas Barclay, as surviving partners of the firm o‘f J. M. Robinson & Oo., and 'avers the 'following facts: On the (5th day of December, 1892, B. R. Williams, H. W. Williams and R. L. Williams, as partners, under the name of B. R. William'S & Sons, were indebted to said J.…

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Appeal from the Chancery Court of Blount, Heard before the I-Ion. John C. Carmichael. The bill in this case was filed on the 5th day of June, 1895, by George C. Norton, G. H. Mourning, Alvah L. Terry and Douglas Barclay, as surviving partners of the firm o‘f J. M. Robinson & Oo., and 'avers the 'following facts: On the (5th day of December, 1892, B. R. Williams, H. W. Williams and R. L. Williams, as partners, under the name of B. R. William'S & Sons, were indebted to said J. M. Robinson & Co., a firm ’composed of complainants and J. M. Robinson, deceased, in the sum of $1,138.80, for goods…

1Opinion of the CourtTyson, J.

Much of the argument of appellant’s -counsel is directed to show that a writ of attachment is not leviable upon an equity of redemption -in lands. This proposition was .asserted in this case when here on former appeal and decided adversely to that contention. Norton et al v. British American Mort. Co., 113 Ala. 110; Central Mining and Manufacturing Co. v. Stoven, 45 Ala. 594; Goode v. Longmire, 35 Ala. 676; Drake on Attachments, §§ 232, 239; 1 Jones on Mortgages, (5th ed.), § 665 and note 2 on p. 601.

On the former appeal all of the equities of the original 'bill were setttled and the case as…

2Cases cited12 opinions

  1. Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
  2. Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
  3. Newlin, Fernley & Co. v. McAfeeSupreme Court of Alabama · 1879
  4. Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
  5. Early & Lane v. OwensSupreme Court of Alabama · 1880

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Williams v. NortonSupreme Court of Alabama · 1903
  2. Hanvey v. F. M. Formby Co.Supreme Court of Alabama · 1917
  3. Cobern v. CobernSupreme Court of Alabama · 1924

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