United States Fidelity & Guaranty Co. v. Singleton
Supreme Court of Alabama
Appeal from Circuit Court, Bullock County; J. S. Williams, Judge. Bill by the United States Fidelity & Guaranty Company against A. E. Singleton and others. From a decree sustaining demurrers to the bill, the complainant appeals. Complainant has the right of subrogation, and this can be enforced only in a court of equity. 195 Ala. 506, 70 South. 169; 117 Ala. 348, 23 South. 193; 115 Ala. 682, 22 South. 468; 80 Ala. 547, 2 South. 526, 60 Am.
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Appeal from Circuit Court, Bullock County; J. S. Williams, Judge. Bill by the United States Fidelity & Guaranty Company against A. E. Singleton and others. From a decree sustaining demurrers to the bill, the complainant appeals. Complainant has the right of subrogation, and this can be enforced only in a court of equity. 195 Ala. 506, 70 South. 169; 117 Ala. 348, 23 South. 193; 115 Ala. 682, 22 South. 468; 80 Ala. 547, 2 South. 526, 60 Am. Rep. 124. A junior incumbrancer is not required to pay off prior liens, but may go into equity to have his lien established and enforced, subject to prior…
1Opinion of the CourtGardner, J.
Upon the former appeal in this cause (Singleton v. U. S. F. & G. Co., 195 Ala. 506, 70 South. 169) only the demurrers of S. P. Rainer and J. H. Rainer, Jr., were argued and considered. Subsequent to the rendition of that opinion the bill was amended by eliminating J. H. Rainer, Jr., as a party to the cause, and in other respects hereinafter mentioned. The British-American Mortgage Company and S. P. Rainer filed additional demurrers to the bill as amended, and from the decree sustaining these demurrers the complaint prosecutes this appeal.
The complainant filed this bill as surety upon the bond…
2Cases cited9 opinions
- Kelly v. LongshoreSupreme Court of Alabama · 1884
- Singleton v. United States F. & G. Co.Supreme Court of Alabama · 1915
- Threefoot Bros. & Co. v. HillmanSupreme Court of Alabama · 1900
- Hambrick v. RussellSupreme Court of Alabama · 1888
- City Bank & Trust Co. v. LeonardSupreme Court of Alabama · 1910
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3Cited by4 opinions
- Wilson v. First Nat. Bank of GadsdenSupreme Court of Alabama · 1923
- Butler v. WilsonSupreme Court of Alabama · 1940
- Allen v. EvansSupreme Court of Alabama · 1925
- Wilson v. First Nat. BankSupreme Court of Alabama · 1923