Bostick v. Jacobs
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. W. H. Simpson. The bill in this case was filed by the appellant, F. A. Bostick, against the appellees.
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Appeal from the Chancery Court of Jackson. Heard before the Hon. W. H. Simpson. The bill in this case was filed by the appellant, F. A. Bostick, against the appellees. The averments of the bill are the same as they were when the case was in this court on a former appeal, and a special reference is here made to the statement of facts, as shown in the report-of said case in 133 Ala. 344. The amount of judgment rendered against the complainant upon the notes- was $1,738.72, and not $7,-738.72, as set forth in the former statement of facts. After the rendition of the decree on the former appeal,…
1Opinion of the CourtDowdell, J.
This is the second appeal in this cause. Bostick v. Jacobs, 133 Ala. 344. The present appeal is taken from a final decree rendered on a submission upon the bill and answer. The alternative prayer of the bill as amended prayed for a pro rata application of the proceeds of the sale of the land under the foreclosure of the mortgage, to the two notes upon which the complainant was a surety. The answer admits the averments of the-bill applicable to- the theory of relief asked for in the alternative prayer, and the respondents concede that the complainant is entitled to a pro rata• application of…
2Cases cited1 opinion
- Bostick v. JacobsSupreme Court of Alabama · 1901
3Cited by1 opinion
- Norville v. SeebergSupreme Court of Alabama · 1920