Hambrick v. Russell
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 8th March, 1886, by Martha T. Russell and Mary A. Walker, against Bradford Hambrick and wife, and Joseph M. Hambrick; and sought the foreclosure of a mortgage on a tract of land. The mortgage, a copy of which was made an exhibit to the bill, was dated.
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Appeal from the Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 8th March, 1886, by Martha T. Russell and Mary A. Walker, against Bradford Hambrick and wife, and Joseph M. Hambrick; and sought the foreclosure of a mortgage on a tract of land. The mortgage, a copy of which was made an exhibit to the bill, was dated. February 7th, 1881, and was given by said Bradford Hambrick (his wife also joining with him) to George M. Harris, “agent of Mrs. Missouri McCalley,” to secure the payment of a promissory note for $1,655, of even date with the…
1Opinion of the CourtSomerville, J.
Tbe decree, wbicb is for tbe foreclosure of a mortgage, must be reversed for failure to make tbe mortgagee, Harris, a party to the foreclosure suit, be being tbe trustee in tbe mortgage, and as such the bolder of tbe legal title. In such cases, tbe trustee, in whom tbe legal title is vested, is an indispensable party, without whose presence tbe court will not proceed to a decree; and tbe objection is available at any time, and in any form.' — Comer v. Bray, 83 Ala. 217; Prout v. Hoge, 57 Ala. 28; Lawson v. Ala. Warehouse Co., 73 Ala. 290.
We might reverse tbe decree in this case, and have…
2Cases cited7 opinions
- Lewis v. CocksSupreme Court of the United States · 1874
- Prout v. HogeSupreme Court of Alabama · 1876
- Randle v. BoydSupreme Court of Alabama · 1882
- Lyon v. PowellSupreme Court of Alabama · 1884
- Lehman, Durr & Co. v. ShookSupreme Court of Alabama · 1881
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3Cited by13 opinions
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- Thomas v. BarnesSupreme Court of Alabama · 1929
- Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
- Wood v. BarnettSupreme Court of Alabama · 1922
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