Liddell & Co. v. Carson
Supreme Court of Alabama
Appeal from the Chancery Court of Wilcox. ' Heard before the Hon. William H. Tayloe. The bill in this case was filed on January 26, 1897, by Samuel Carson, Winter Carson, John McMillan, Ed Press, Josiah Squire and William Aiken, against Sam Jones and J. B. Liddell & Co., a partnership composed of John B. Liddell and William Henderson.
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Appeal from the Chancery Court of Wilcox. ' Heard before the Hon. William H. Tayloe. The bill in this case was filed on January 26, 1897, by Samuel Carson, Winter Carson, John McMillan, Ed Press, Josiah Squire and William Aiken, against Sam Jones and J. B. Liddell & Co., a partnership composed of John B. Liddell and William Henderson. It was averred in the bill that on the 28th November, 1882, the complainants named in the original bill purchased the lands described in section two thereof from James Bond for the sum of $3,591.50; that they executed to him their five promissory notes for…
1Opinion of the CourtHaralson, J.
— 1. The primary object of this bill is not to redeem the lands sold under foreclosure by dis-affirming the foreclosure because the mortgagee purchased at his own sale, without power in the mortgage authorizing him to do so. Its gravamen, as evidenced by its allegations and prayer is, to have the sale set aside on the alleged grounds, that Liddell & Co., who owned the mortgage by transfer and assignmnet, had no right to foreclose it and become the purchasers at the foreclosure sale, for the reason that the mortgage debt had been fully paid, and no right of foreclosure existed. The…
2Cases cited7 opinions
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Nelms v. Edinburg American Land Mortgage Co.Supreme Court of Alabama · 1890
- Garland v. WatsonSupreme Court of Alabama · 1883
- Hooper v. StrahanSupreme Court of Alabama · 1881
- Ezzell v. WatsonSupreme Court of Alabama · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chapman v. Rivers Construction CompanySupreme Court of Alabama · 1969
- Garrett v. CrawfordSupreme Court of Georgia · 1907
- Jones v. MeriwetherSupreme Court of Alabama · 1919
- City Loan & Banking Co. v. PooleSupreme Court of Alabama · 1907
- W. T. Smith Lumber Co. v. BarnesSupreme Court of Alabama · 1953
6 more not listed; retrieve them via the Exa API.