Anderson v. Hooks
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting in Macon county. The defendants in error were the complainants below. In their bill it is ajledged that the complainant, Hooks, with others whose names are mentioned, on the 3d April, 1841, made and subscribed a promissory note, jointly with the defendant, Harris, payable to the Branch of the Bank of the State of Alabama at Montgomery, for the sum of $12,175 15. six months after date; that the note was made solely for the…
Read the full summary
Writ of Error to the Court of Chancery sitting in Macon county. The defendants in error were the complainants below. In their bill it is ajledged that the complainant, Hooks, with others whose names are mentioned, on the 3d April, 1841, made and subscribed a promissory note, jointly with the defendant, Harris, payable to the Branch of the Bank of the State of Alabama at Montgomery, for the sum of $12,175 15. six months after date; that the note was made solely for the benefit of Harris, and subscribed by the co-makers as his sureties. On the 12th May, 1842, Harris, for the purpose of securing…
1Opinion of the CourtCollier, C. J.
There” can be no question but it is competent for a mortgagee with a power to take possession of and sell personal property, upon the mortgagor’s default, when the property is levied on after the forfeiture of the mortgage, to interpose a claim and try the right as the statute provides. [Planters’ and Merchants’ Bank of Mobile v. Willis & Co. 5 Ala. Rep. 770.] Yet it by no means follows, *709that the mortgagee may not waive his legal right, and resort at once to a court of equity, where all interests may be adjusted, and more ample justice dispensed. We have repeatedly held, that although it is…
2Cases cited5 opinions
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Bates v. Bank of the StateSupreme Court of Alabama · 1841
- Stover v. HerringtonSupreme Court of Alabama · 1844
- Carleton & Co. v. BanksSupreme Court of Alabama · 1844
- Chambers v. MauldinSupreme Court of Alabama · 1842
3Cited by23 opinions
- Governor v. CampbellSupreme Court of Alabama · 1850
- Hall & Farley, Trustees v. Alabama Terminal & Improvement Co.Supreme Court of Alabama · 1904
- Hardcastle v. FisherSupreme Court of Missouri · 1856
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Coleman v. SmithSupreme Court of Alabama · 1876
18 more not listed; retrieve them via the Exa API.