Bolling v. Munchus
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. H. Austell. The original bill in this case was filed on the 1st May, 1876, by Samuel J. Bolling, against James W. Munchus (other parties, plaintiff and defendant, being afterwards brought in by an amended bill); and sought the foreclosure of a mortgage, which is sufficiently described in the opinion of the court.
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Appeal from the Chancery Court of Butler. Heard before the Hon. H. Austell. The original bill in this case was filed on the 1st May, 1876, by Samuel J. Bolling, against James W. Munchus (other parties, plaintiff and defendant, being afterwards brought in by an amended bill); and sought the foreclosure of a mortgage, which is sufficiently described in the opinion of the court. Tbe chancellor sustained a demurrer to the bill, and dismissed it; and his decree is now assigned as error. — A mortgage, like every other written contract, imports a consideration ; and this, by statutory provision, as…
1Opinion of the CourtBb.ickell, C. J.
— The bill is filed to foreclose a mortgage on lands and personal property, executed by the appellee, Munchus, on the 16th day of June, 1868. The consideration of the mortgage, as therein recited, is, that Samuel J. Bolling and Ezekiel H. Pickens were liable, by being the acceptor and indorser of a bill of exchange drawn by one Joseph K. Munchus, which is described, and was then past due, “ and for divers other good and sufficient *560causes and considerations unto me hereunto moving, and for the further consideration that Edward Bowen has assumed the responsibility of said E. H. Pickens, and…
2Cases cited9 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Porter v. HendersonSupreme Court of Alabama · 1919
- Gresham v. WareSupreme Court of Alabama · 1885
- McLeod v. McLeodSupreme Court of Alabama · 1906
- Jones v. StricklandSupreme Court of Alabama · 1917
22 more not listed; retrieve them via the Exa API.