Tompkins v. Drennen
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before.the Hon. James B. Head. Action for money had and received, by I). M. Drennen against Henry B. Tompkins, on facts stated in the opinion.
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Appeal from the Circuit Court of Jefferson. Tried before.the Hon. James B. Head. Action for money had and received, by I). M. Drennen against Henry B. Tompkins, on facts stated in the opinion. The case was submitted to the decision of the court without a jury, and the judgment for the plaintiff, to which an exception was reserved, is assigned as error. cited 0hick v. Willetts, 2 Kans. 384; Round v. Donnell, 5 Kans. 54; Chambers v. liarles, 93 Ala. 412; 1 Jones on Mortgages, §§ 71, 635; Montgomery v. Grossthwa.ite, 90 Ala. 553; Harmon Bros. v. Lehman, Durr & Co., 89 Ala. 379; Wood v. Winship…
1Opinion of the CourtWalkee, J.
The appellant, who was the defendant below, sold certain land in the city of Birmingham under a power of sale in a mortgage, which had been made to secure two promissory notes payable to himself. The principal and interest due on the notes at the date of the sale amounted to $29,013.31. The mortgaged property was sold for the sum of $32,000. Out of this sum the defendant retained the amount of the principal and accrued interest on the notes, the amounts of the advertising and auction fees, and also the sum of $2,901.33 as attorney’s fees. The claim of the plaintiff is based upon his alleged…
2Cases cited8 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Munter & Faber v. LinnSupreme Court of Alabama · 1878
- Bedell v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Cook v. BasleyMassachusetts Supreme Judicial Court · 1877
- Webster & Wilson v. SingleySupreme Court of Alabama · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
- Union Bank & Trust Co. v. RoyallSupreme Court of Alabama · 1933
- Skidmore v. StewartSupreme Court of Alabama · 1917
- Alford v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1934
19 more not listed; retrieve them via the Exa API.