Crowson v. Cody
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by J. C. Crowson against Michael Cody and others for accounting and discovery. From a decree sustaining demurrers to the bill, complainant appeals. The appellant as pledgor was entitled to maintain this bill. 2 Black, 619, 17 L. Ed. 309; Jones on Pledges, §§ 1-14; 14 Wis. 687; 41 Eng. Rep. 990; 200 Mass. 414, 86 N. E. 777, 16 Ann.
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Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by J. C. Crowson against Michael Cody and others for accounting and discovery. From a decree sustaining demurrers to the bill, complainant appeals. The appellant as pledgor was entitled to maintain this bill. 2 Black, 619, 17 L. Ed. 309; Jones on Pledges, §§ 1-14; 14 Wis. 687; 41 Eng. Rep. 990; 200 Mass. 414, 86 N. E. 777, 16 Ann. Cas. 123; 19 R. C. L. 243. The pledgee is trustee of the pledgor. 57 Ala. 108; 1 Beach on Trusts and Trustees, §§ 158, 159; Hill on Trustees, 171-173. On foreclosing, statutory right to…
1Opinion of the Court
PER CURIABI.
The bill in this case shows that the Tri-State Realty Company executed three mortgages on the same real estate to secure the respective indebtednesses maturing on different dates. The first and superior mortgage was duly foreclosed under the power therein, and .purchased by the holder of the mortgagee The two other mortgages were executed to the appellant, Crowson; the second in point of time Crowson assigned to one Allison; and the third mortgage for $16,500 he assigned to Cody as collateral security for his indebtedness to. him. The holder of the first mortgage sold the property…
2Cases cited11 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892
- Allison v. CodySupreme Court of Alabama · 1921
- Paulling v. Creagh's AdministratorsSupreme Court of Alabama · 1875
- Hall v. McKellerSupreme Court of Alabama · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Crowson v. CodySupreme Court of Alabama · 1926
- First Nat. Bank of Birmingham v. FormanSupreme Court of Alabama · 1935
- Crowson v. CodySupreme Court of Alabama · 1923
- Ingram v. People's Finance Thrift Co. of AlabamaSupreme Court of Alabama · 1933
10 more not listed; retrieve them via the Exa API.