Delage v. Hazzard
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Tried before the Hon. Jos. W. Lesesne, Chancellor. The defendants in error .filed their bill to foreclose a mortgage, executed by the plaintiffs in error, to secure the payment of two notes given to them as Ihe agents of Hinman & Dut-ton.
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Appeal from the Chancery Court of Mobile. Tried before the Hon. Jos. W. Lesesne, Chancellor. The defendants in error .filed their bill to foreclose a mortgage, executed by the plaintiffs in error, to secure the payment of two notes given to them as Ihe agents of Hinman & Dut-ton. Delage answered the bill, in which he denied the consideration of the notes, and alleged that they w the firm of Hazzard & Fowler, as agents of Hj¿ma0pMP’ ton of Philadelphia, in payment of certain coppftr plates, en- J graved by them for the purpose of publishing majibAWhaSli^iUiÍM of Mobile, which plates were to be…
1Opinion of the CourtDargan, J.
If we are to consider the failure of the complainants to deliver to the Register, the plates and maps within the time prescribed by the decree, in the nature of a default in not observing the rules of a court of equity, or even as not observing an order made in the progress of a cause, it is very certain that the chancellor may, in the exercise of his discretion, relieve them from the legal consequences of such default. Beekman v. Peck, 3 Johns. Chan. Rep. 414; Wooster, et al. v. Woodhull, 1 Johns. Chan. Rep. 538; and it is said in the, case of Ashe v. Moore, 2 Murphy, that every order made…
2Cases cited3 opinions
- Benedict v. LynchNew York Court of Chancery · 1815
- Hays v. HallSupreme Court of Alabama · 1837
- Longworth v. TaylorU.S. Circuit Court for the District of Ohio · 1838
3Cited by1 opinion
- Segrest v. Segrest's HeirsSupreme Court of Alabama · 1863