Merritt v. Phenix
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before Hon. Adam C. Eelder. Phenix, a citizen of the chancery district composed of the county of Montgomery, filed his bill in the chancery court of Montgomery, praying the foreclosure of a mortgage executed in the year 1858 by one John A. Merritt, a a citizen of Butler county, to complainant on certain lands lying in the county of Pike.
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Appeal from the Chancery Court of Montgomery. Heard before Hon. Adam C. Eelder. Phenix, a citizen of the chancery district composed of the county of Montgomery, filed his bill in the chancery court of Montgomery, praying the foreclosure of a mortgage executed in the year 1858 by one John A. Merritt, a a citizen of Butler county, to complainant on certain lands lying in the county of Pike. The bill alleges that after the execution of the mortgage Merritt sold the lands to Joel M. Talbot, a resident of Montgomery county, with notice of and subject to said mortgage, and that Talbot sold the land…
1Opinion of the CourtB. F. Saffold, J.
The purpose of the bill was the foreclosure of a mortgage of land which the appellant Merritt had executed to the complainant Phenix. It is alleged that after the mortgage was given, Merritt sold the land to Joel M. Talbot, who sold to Arthur Hoyt and Joel Lockley. Lockley sold his interest to William B. Hoyt. The two Hoyts mortgaged the property to H. J. Sweeney, who sold it under this second mortgage and became the purchaser himself. All of these parties were made defendants, except Talbot and Lockley.
The defendant Sweeney, who alone resists the decree sought, admits the allegations of the…
2Cases cited4 opinions
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Lewis v. ElrodSupreme Court of Alabama · 1861
- Haley v. BennettSupreme Court of Alabama · 1837
- Mims v. MimsSupreme Court of Alabama · 1859
3Cited by8 opinions
- Rountree v. SatterfieldSupreme Court of Alabama · 1924
- O'Neal v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1903
- Wiggins v. KirbySupreme Court of Alabama · 1894
- Abbott v. Southern Cotton Oil Co.Supreme Court of Alabama · 1939
- Davidson v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1895
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