Brewer v. Atkeison
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. W. A. Anderson. This was an action by Robert W. Atkeison against Emma O. Brewer for money received by her for use of plaintiff. Pleas, the general issue and a special plea. Leroy Brewer the testator of defendant sold land to one B. W. Goodwin, and took three notes for the purchase money, secured by mortgage on the land. Brewer in bis life time transferred one of the notes to the plaintiff.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. W. A. Anderson. This was an action by Robert W. Atkeison against Emma O. Brewer for money received by her for use of plaintiff. Pleas, the general issue and a special plea. Leroy Brewer the testator of defendant sold land to one B. W. Goodwin, and took three notes for the purchase money, secured by mortgage on the land. Brewer in bis life time transferred one of the notes to the plaintiff. Afterwards Goodwin paid the two notes held by the defendant as the executrix of Leroy Brewer. The mortgage was not foreclosed, but on the…
1Opinion of the CourtHaralson, J.
— Action for money bad and received, tried on pleas :of the general issue, and a special plea of estoppel.. The. principle is well understood with us, that the transfer of one of several notes secured by mortgage, clothes’the transferee with the right to be first paid out of the mortgaged property.. — Knight v. Ray, 75 Ala. 383; Preston v. Ellington, 74 Ala. 133. In the first case cited, the mortgagee, Knight, held three notes 'secured by mortgage, one of which, for a Valuable consideration he transferred' to Ray, retaining the other two. The mortgagor made, partial payments to Knight, the…
2Cases cited8 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Wildsmith v. TracySupreme Court of Alabama · 1885
- Wallace v. Nichols' Admr.Supreme Court of Alabama · 1876
- Knight v. RaySupreme Court of Alabama · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Matter of Title Mortgage Guaranty Co.New York Court of Appeals · 1937
- Farmers' Sav. Bank v. MurphreeSupreme Court of Alabama · 1917
- Louisville Title Co.'s Receiver v. Crab Orchard Banking Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Hand v. KempSupreme Court of Alabama · 1922
- Kuppenheimer v. Chicago Title & Trust Co.Appellate Court of Illinois · 1911
4 more not listed; retrieve them via the Exa API.