Rapier v. Gulf City Paper Co.
Supreme Court of Alabama
jBill in Equity by Assignee of Newspaper Establishment, for Accoxmt, Receiver, Redemption, etc.; Gross Appeals. Appeals from the Chancery Court of Mobile. Heard before the Hon. John A. Foster.
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jBill in Equity by Assignee of Newspaper Establishment, for Accoxmt, Receiver, Redemption, etc.; Gross Appeals. Appeals from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. This case has been before this court on two former appeals, and is reported in 64 Ala. 330-45, and 69 Ala. 476-82. The original bill was filed on the 15th May, 1877, by the Gulf City Paper Company, against John L. Rapier, Joseph Flodgson, the personal representative of John Forsyth, deceased, and several other persons who held or claimed some lien upon or interest in the printing establishment known as…
1Opinion of the Court
SOMERYILLE, J. —
-The questions raised in these cross-appeals involve the construction of the agreement between the parties litigant, bearing date December 18th, 1876. The first point of contention is as to the nature of this instrument— whether it is a mortgage, or a conditional sale. It is very obvious that the difficulties of construction lie in its duplex character, involving, as it does, a clear attempt to make a con-ditional sale, and at the same time preserve the continued existence of the debt, and bind the property for the security of its payment. The provisions of the agreement are,…
2Cases cited8 opinions
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Peeples v. StollaSupreme Court of Alabama · 1876
- Eiland v. RadfordSupreme Court of Alabama · 1845
- Crews v. ThreadgillSupreme Court of Alabama · 1859
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3Cited by11 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Perkins v. SkatesSupreme Court of Alabama · 1929
- Vincent v. WalkerSupreme Court of Alabama · 1888
- Jones v. MooreSupreme Court of Alabama · 1924
6 more not listed; retrieve them via the Exa API.