Chapman v. Hamilton
Supreme Court of Alabama
ERROR to the Chancery Court of Macon. Tried before the Hon. W. W. Mason. The demurrer to the bill should have been sustained by the court below— 1st. Because the bill did not state any disposition by complainants of the stock of shoes, &c. conveyed by Clough to secure their demands, or that the same was insufficient security.
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ERROR to the Chancery Court of Macon. Tried before the Hon. W. W. Mason. The demurrer to the bill should have been sustained by the court below— 1st. Because the bill did not state any disposition by complainants of the stock of shoes, &c. conveyed by Clough to secure their demands, or that the same was insufficient security. It does state that the complainants had two funds to which they could resort, while defendant, Gwinn, had but one; yet it does not (while it asks to have Gwinn postponed) aver that the fund on which he had no lien had been exhausted, &c. They who seek equity ought to be…
1Opinion of the CourtDargan, C. J.
The facts, so far as the merits of this controversy are involved, may be thus stated: James M. Clough being entitled to an undivided fifth part in his father’s estate, did, on the 7th day of October, 1843, convey the same by way *124of mortgage to Joseph C. Gwinn to secure the payment of eight hundred and fifty dollars, and on the 17th day of February* 1844, executed another mortgage on the same interest to Gwinn r to secure him in the payment of one thousand and fifty dollars. On the 21st of May, 1844, Baldwin & Gray, being about to sell a stock of boots and shoes to said Clough, required of him…
2Cases cited2 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Dorr v. ShawNew York Court of Chancery · 1819
3Cited by22 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Craft v. RussellSupreme Court of Alabama · 1880
- Smith v. Kennard'sSupreme Court of Alabama · 1863
- Chambers v. WrightSupreme Court of Alabama · 1875
- Winter-Loeb Grocery Co. v. Mutual Warehouse Co.Alabama Court of Appeals · 1912
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