Martin v. Martin
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. Jebe N. Williams. The bill in this case ivas filed by the appellants, Isabel V. Martin and her husband, J. W. Martin, against the appellee, H. M. Martin. The defendant, H. M. Martin, was surety, together with J. Gr.
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Appeal from the Chancery Court of Macon. Heard before the Hon. Jebe N. Williams. The bill in this case ivas filed by the appellants, Isabel V. Martin and her husband, J. W. Martin, against the appellee, H. M. Martin. The defendant, H. M. Martin, was surety, together with J. Gr. McAndrew, for complainants, on a- debt they owed the Bullock County Bank and one Leary, for over $6,000. To secure them against loss on account of this suretyship, the complainants gave to defendant and said McAndrew, a mortgage on their plantation of 880 acres, known as theDawson place; the same being the lands…
1Opinion of the CourtHaralson, J.
The legal principles upon which the insistence of complainants rests, are well understood and may be briefly stated. In Peeples v. Stolla, 57 Ala. 53, 58, it was said: “The effect of a mortgage, made by one capable in law of executing such a contract, is to leave on the mortgagor a personal liability for the residuum of the debt, if on foreclosure, the property mortgaged fails to yield-.a sum sufficient to pay it in full. Hence, one of the tests by which to determine Avhether or not a mortgage was intended, is the existence or not of a debt to uphold it.. If there is no debt, there can be no…
2Cases cited6 opinions
- West v. HendrixSupreme Court of Alabama · 1856
- Peeples v. StollaSupreme Court of Alabama · 1876
- Douglass v. MoodySupreme Court of Alabama · 1885
- Knaus v. DreherSupreme Court of Alabama · 1887
- Haynie v. RobertsonSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Smith v. SmithSupreme Court of Alabama · 1907
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Lewis v. DavisSupreme Court of Alabama · 1916
- Rodgers v. BurtSupreme Court of Alabama · 1908
- O'Rear v. O'RearSupreme Court of Alabama · 1929
8 more not listed; retrieve them via the Exa API.