Cullum v. Batre
Supreme Court of Alabama
BATRE filed his bill, in the Chancery Court of the first district of the Southern Division, praying the foreclosure of a mortgage, and the sale of the mortgaged estate. The mortgage was executed by Burlen Brown and Thomas S. Cowiey to George J. S. Walker, to secure the payment of certain notes executed by them as partners: these notes were afterwards assigned to Batre, the complainant’s testator.
Read the full summary
BATRE filed his bill, in the Chancery Court of the first district of the Southern Division, praying the foreclosure of a mortgage, and the sale of the mortgaged estate. The mortgage was executed by Burlen Brown and Thomas S. Cowiey to George J. S. Walker, to secure the payment of certain notes executed by them as partners: these notes were afterwards assigned to Batre, the complainant’s testator. Brown & Cowley, after the execution of the mortgage to Walker, conveyed the mortgaged premises to the defendant, Cullum, who was in possession when the bill was filed. Gascoigne is made a defendant,…
1Opinion of the CourtGoldthwaite, J.
— 1. When a mortgagor has parted with
all his interest in the estate mortgaged, by a subsequent sale and conveyance of the equity of redemption, the only reason why he is a necessary party to the suit for foreclosure, is, that he may contest the complainant’s demand, and state an account with him of what is due on the debt for which the mortgage is a security. In this case, the debt survives against Brown, the partner of Cowley, and he alone is interested as the surviving partner in stating the account with the complainant: therefore; if it is conceded that a mortgagor who has parted with the…
2Cited by4 opinions
- Chastain v. PlattSupreme Court of Georgia · 1928
- Dickens v. DickensSupreme Court of Alabama · 1911
- Vaughan v. HigginsSupreme Court of Alabama · 1881
- Merrill v. JonesSupreme Court of Alabama · 1841