Warren & Co. v. Pitts
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. Jebe N. Williams. On May 12, 1891, E. C. Anglin and T. W. Anglin executed a mortgage on certain described lands to the American Freehold Land Mortgage Company, to secure a debt presently created, and this mortgage was duly recorded in the probate office of Barbour county on May 15, 1891. On December 2, 1891, J. B. Warren & Company recovered a judgment in the circuit court of Barbour county against E. C. Anglin…
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Appeal from the Chancery Court of Barbour. Heard before the Hon. Jebe N. Williams. On May 12, 1891, E. C. Anglin and T. W. Anglin executed a mortgage on certain described lands to the American Freehold Land Mortgage Company, to secure a debt presently created, and this mortgage was duly recorded in the probate office of Barbour county on May 15, 1891. On December 2, 1891, J. B. Warren & Company recovered a judgment in the circuit court of Barbour county against E. C. Anglin and T. W. Anglin, a certificate of which judgment was duly filed in the office of the judge of probate of Barbour county…
1Opinion of the Court
BRICKELL, C. J. —
There are cases in which the appointment of a receiver, is almost a matter of course, although fraud, or imminent danger of injury, be not shown. But the general principle on which courts of equity proceed is, that the appointment is matter of sound judicial discretion, to be exercised in view of all the circumstances of the particular case, “for the purpose of promoting the ends of justice, and of protecting the rights of all the parties interested in the controversy and the subject matter, and based upon the fact that there is no other adequate remedy or means of…
2Cases cited4 opinions
- Scott v. WareSupreme Court of Alabama · 1880
- Irwin v. EversonSupreme Court of Alabama · 1891
- Thompson v. Tower Manufacturing Co.Supreme Court of Alabama · 1888
- Myton v. DavenportSupreme Court of Iowa · 1879
3Cited by14 opinions
- Ingram v. Omelet Shoppe, Inc.Supreme Court of Alabama · 1980
- Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
- McDermott v. HalliburtonSupreme Court of Alabama · 1929
- Pollard v. Southern Fertilizer Co.Supreme Court of Alabama · 1898
- Albritton v. Lott-Blackshear Commission Co.Supreme Court of Alabama · 1910
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