Cullum v. Branch Bank
Supreme Court of Alabama
Error to tbe Chancery Court of Mobile. Heard before the Hon. J. W. Lesesne. The bill was filed by the Branch Bank at Mobile against the plaintiffs in error, to foreclose a mortgage. The facts sufficiently appear from the opinion.
1Opinion of the CourtGoldthwai Fe, J.
—The record shows that the residence of one of the non-resident defendants was known, and the proof of publication as to him was deficient, as the affidavits did not show that the copy of the order of publication was sent to him by mail, within forty days from the time it was made.—Butler v. Butler, 11 Ala. 668. As the order of publication must be renewed, it is unnecessary to consider the other questions raised, as to the want of service of the amendments to the bill on the non-resident defendants, or as to whether the proof of publication was deficient on other grounds than that already…
2Cases cited4 opinions
- Silver Lake Bank v. NorthNew York Court of Chancery · 1820
- Toulmin v. HamiltonSupreme Court of Alabama · 1845
- Butler v. ButlerSupreme Court of Alabama · 1847
- Dupree v. PerrySupreme Court of Alabama · 1850
3Cited by18 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Boyd v. BeckSupreme Court of Alabama · 1857
- Morrill v. MorrillSupreme Court of Vermont · 1880
- Scott v. WareSupreme Court of Alabama · 1879
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