Branch Bank at Mobile v. Taylor
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Mobile. The plaintiff in error filed a bill for the foreclosure of a mortgage, and the sale of certain slaves, which the defendant, Taylor, had conveyed to it for the security of a debt.
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Writ of Error to the Court of Chancery sitting at Mobile. The plaintiff in error filed a bill for the foreclosure of a mortgage, and the sale of certain slaves, which the defendant, Taylor, had conveyed to it for the security of a debt. The mortgagor answered, that previous to the filing of the bill, the slaves therein specified were taken by M. J. McRae, “ as his property, and that defendant had relinquished to him all his right or interest in them, and that he has had neither possession or control of them since the filing of the bill, nor for some time previous.” He answered further,…
1Opinion of the Court
COLLIES., C. L-
-We need not consider whether McSae was a proper, or necessary party, as the complainant acquiesced in the order which required it, by amending his bill. If the requisition was improper, an application should have been made to vacate it, by mandamus, or in some other appropriate ‘ mode. Conceding, however, that the order was irregular, it could not have entered into the final decree, so as injuriously to affect the complainant. Whether he was an indispensable party or not, (a point upon which we express no opinion,) it must be conceded that he was not an improper party.
The…
2Cases cited1 opinion
- Livingston v. LivingstonNew York Court of Chancery · 1817
3Cited by1 opinion
- Trittipo v. EdwardsIndiana Supreme Court · 1871