Morris v. Southern Realty & Construction Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Lum Duke, Judge. Bill by E. A. Biorris against the Southern Realty & Construction Company and others. From a decree sustaining demurrers to the bill, the complainant appeals. The case made by the bill is that the Southern Realty & Construction Company had charge of certain machinery for the purpose of disposing thereof, and that one Charles Lehman held a mortgage on it.
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Appeal from Circuit Court, Jefferson County; Lum Duke, Judge. Bill by E. A. Biorris against the Southern Realty & Construction Company and others. From a decree sustaining demurrers to the bill, the complainant appeals. The case made by the bill is that the Southern Realty & Construction Company had charge of certain machinery for the purpose of disposing thereof, and that one Charles Lehman held a mortgage on it. Having an opportunity to sell a part of the machinery, the Southern Realty & Construction Company applied to Lehman for a release to that portion from his mortgage.' Lehman declined…
1Opinion of the CourtThomas, J.
The bill avers facts showing that the American Trust & Savings Bank is in possession of a $11,000 trust fund in which the Bank of Ensley has an interest of about $6,000, as the holder of a, mortgage on property sold, and from which the $11,-000 was obtained, and that the amount in excess of the latter bank’s equity is claimed by complainant and the respondent Southern Realty & Construction Company. All parties at interest are properly before the court (Perkins, Livingston & Post v. B. I. & C. Co., 77 Ala. 403, 408; Harris v. Johnson, 176 Ala. 445, 58 South. 426; Winn v. Fitzwater, 151 Ala.…
2Cases cited9 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Perkins, Livingston & Post v. Brierfield Iron & Coal Co.Supreme Court of Alabama · 1884
- Harris v. JohnsonSupreme Court of Alabama · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Oden v. VaughnSupreme Court of Alabama · 1920
- Gilmer v. GilmerSupreme Court of Alabama · 1944
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Hodge v. Alabama Water Co.Supreme Court of Alabama · 1921
- Ex parte GarnerSupreme Court of Alabama · 1966
2 more not listed; retrieve them via the Exa API.