Galliland v. Williams
Supreme Court of Alabama
Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Bill by C. H. Galliland and others, against J. F. Williams and others, to be subrogated to rights under a mortgage, and for cancellation. From a decree sustaining demurrers to the bill, complainants appeal.
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Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Bill by C. H. Galliland and others, against J. F. Williams and others, to be subrogated to rights under a mortgage, and for cancellation. From a decree sustaining demurrers to the bill, complainants appeal. In filing the bill in this cause complainants pursued the only remedy they had. — Half mam v. Ellison, 51 Ala. 543. The vendee is entitled in equity to subrogation. —4 Mayf. 868. The conveyance is void because made with intent to hinder or delay. — Sec. 4293, Code 1907, and authorities cited. The mortgage was properly…
1Opinion of the CourtMcCLELLAN, J.
The decree appealed from sustained the demurrer to the appellants’ bill against appellees. The bill, in substance, shows this: In the year 1905 appellants were constituted a partnership doing business at Goodwater, Ala. During the month of December, 1905, the firm bought of R. F. Williams a mule. The agreed price was $100. This was paid by a credit of $34 on an indebtedness due by Williams to the firm, and the remainder (which the bill alleged Avas $60). in cash. This mule was at the time of this purchase subject to an unpaid mortgage given by R. F. Williams, to S. J. Nolen. This mortgage was…
2Cases cited6 opinions
- Railroad Company v. Soutter Et Al.Supreme Court of the United States · 1872
- Boyer v. BolenderSupreme Court of Pennsylvania · 1889
- Johnson v. MooreSupreme Court of Kansas · 1885
- Rowley v. TowsleyMichigan Supreme Court · 1884
- Wilkinson v. BabbittU.S. Circuit Court for the District of Western Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lavretta v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Montgomery v. WadsworthSupreme Court of Alabama · 1933
- Montgomery v. WardSupreme Court of Alabama · 1933
- Schuessler v. ShelnuttSupreme Court of Alabama · 1936
- Fidelity Deposit Co. of Maryland v. WilkinsonSupreme Court of Alabama · 1935
1 more not listed; retrieve them via the Exa API.