Gilliland Mercantile Co. v. Sinclair
Supreme Court of Alabama
Appeal from Circuit Court, Clay County; Hugh D. Merrill, Judge. Bill by G. S. Gilliland and others as partners doing business under the business name of the Gilliland Mercantile Company against A. C. Sinclair and others to foreclose a mortgage. From the decree rendered, the complainant appeals.
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Appeal from Circuit Court, Clay County; Hugh D. Merrill, Judge. Bill by G. S. Gilliland and others as partners doing business under the business name of the Gilliland Mercantile Company against A. C. Sinclair and others to foreclose a mortgage. From the decree rendered, the complainant appeals. The bill shows that the respondents the Sinclairs and Lanthrips executed a mortgage on certain land to complainant, and further shows that the respondent Irvin owns a prior mortgage on said land to secure the delivery of 1,600 pounds of lint cotton, a part of which the bill charges to have been paid.…
1Opinion of the CourtSomerville, J.
[1] It was not necessary to issue a summons to the original complainants to answer the cross-bill. Code, § 3118. The filing of the cross-bill was, ipso facto, a summons, and, all of the cross-respondents being in default on January 28, 1918, the decree pro confesso was properly entered on the cross-bill on that date, without further notice. Thereafter cross-complainant’s depositions were properly taken without serving copies of interrogatories on the cross-respondents, or notifying them of the taking of the testimony. Court Rules of Practice 61, Code, p. 1545.
[2] The request for submission…
2Cases cited2 opinions
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Mims v. CobbsSupreme Court of Alabama · 1895
3Cited by4 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Cooper v. CooperSupreme Court of Alabama · 1923
- Agee v. Agees's Cash Store No. 2Supreme Court of Alabama · 1924
- Lewis v. MartinSupreme Court of Alabama · 1923