Walker v. Bank of Mobile
Supreme Court of Alabama
Whit of error to the Court of Chancery for Mobile. The defendant in error filed a bill against the plaintiff Walker, on the seventh March, 1840, setting forth that the defendant below, Geo.
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Whit of error to the Court of Chancery for Mobile. The defendant in error filed a bill against the plaintiff Walker, on the seventh March, 1840, setting forth that the defendant below, Geo. J. S. Walker, made his five promissory notes, bearing date the twenty-second day of May, 1835, payable to Henry Hitchcock, deceased, and negotiable at the Bank of Mobile. — . These notes are as follows, viz: The first for the sum of $10,800, payable one year after date; the second for $11,600, payable two ' years after date; the third for $12,400, payable three years after date; the fourth for $13,200,…
1Opinion of the Court
COLLIER, O. J.~
-1. The bill as originally filed, was framed against the mortgager alone; and bis answer, stating that he had conveyed to the mortgagee, his entire interest in the mortgaged premises, and disclaiming all right to the same, doubtless suggested the propriety of making the heirs of the mortgagee parties. Accord.ngly an order was made in genera] terms, giving the complainant “leave to amend by making additional parties;” and without filing a bill for that purpose, an addition was made at the end of the statmg part of the bill already before the court, as follows, viz: “That the…
2Cases cited2 opinions
- Walker v. HallettSupreme Court of Alabama · 1840
- Cullum v. Batre's Ex'rxSupreme Court of Alabama · 1841
3Cited by13 opinions
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Coster's Ex'rs v. Bank of GeorgiaSupreme Court of Alabama · 1853
- Wilson & Herr v. HaywardSupreme Court of Florida · 1855
- Hamilton v. TolleySupreme Court of Alabama · 1923
- Doe ex dem. Chaudron v. MageeSupreme Court of Alabama · 1845
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