Bramlett v. Kyle
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by L. W. Bramlett against T. F. Kyle and others» to restrain the foreclosure of mortgage under power so far as his homestead is concerned and to require the creditor to proceed against the firm property in exoneration of the homestead. Decree for respondents and complainants appeal.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by L. W. Bramlett against T. F. Kyle and others» to restrain the foreclosure of mortgage under power so far as his homestead is concerned and to require the creditor to proceed against the firm property in exoneration of the homestead. Decree for respondents and complainants appeal. Bramlett occupied the position of surety so far as his homestead is concerned, and had a right to compel the mortgagee to first exhaust the property of the debtor before proceeding against the property of the surety, where no injury results to…
1Opinion of the CourtMcCLELLAN, J.
In 1906 L. W. Bramlett (complainant) and J. M. Sullivan borrowed, on mortgage of real estate jointly owned by them, of the Merchants’ & Farmers’ Bank, $7,000. In order to take up tbe bank mortgage and to satisfy demands against tbe firm of Bramlett & Sullivan, they, in 1908, borrowed of Amos E. Goodhue $7,500. Tbe security for tbe note executed by them to Goodhue was a mortgage on tbe jointly owned real property of Bramlett and Sullivan, and also on separate property belonging to Bramlett, alle*327ged to be his homestead. All of the money derived from the Goodhue loan was, it is averred, applied…
2Cases cited9 opinions
- Gresham v. WareSupreme Court of Alabama · 1885
- Newbold v. SmartSupreme Court of Alabama · 1880
- Mobile & Ohio Railroad v. NicholasSupreme Court of Alabama · 1893
- Thomas v. St Paul's M. E. ChurchSupreme Court of Alabama · 1888
- Bragg v. PattersonSupreme Court of Alabama · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916
- Bank of Luverne v. TurkSupreme Court of Alabama · 1930
- Hudson Trust Co. v. ElliottSupreme Court of Alabama · 1915
- Howell v. WardSupreme Court of Alabama · 1935
- Whaley v. HendersonSupreme Court of Alabama · 1933
5 more not listed; retrieve them via the Exa API.