Motes v. Robertson
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. William L. Parks. The bill in this case was filed by the appellant, M. E. Motes, against the appellees, Dick Roberson. and Mary J. Roberson, his wife, for. he purpose of having a mortgage executed by the defendants to the Edinburgh American Land Mortgage Company and another mortgage executed by the defendants to the Loan Company of Alabama, equitably assigned to the complainant, and at the same time praying that…
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Appeal from the Chancery Court of Pike. Heard before the Hon. William L. Parks. The bill in this case was filed by the appellant, M. E. Motes, against the appellees, Dick Roberson. and Mary J. Roberson, his wife, for. he purpose of having a mortgage executed by the defendants to the Edinburgh American Land Mortgage Company and another mortgage executed by the defendants to the Loan Company of Alabama, equitably assigned to the complainant, and at the same time praying that the complainant be subrogated to the lien of said mortgages. It is alleged in the bill that she, “at the request” of…
1Opinion of the CourtMoCLELLAN, C. J.
It is laid down by Mr. Pomeroy that “The doctrine [of equitable assignment] is also justly extended, by analogy, to one who, having no previous interest, and being under no obligation, pays off the mortgage, or advances money for its payment, at the instance of a debtor party and for his benefit, such person is in no true sense a mere stranger and volunteer.” The doctrine thus stated has recently been approved and applied by this court, (Faulk et al. v. Galloway, 123 Ala. 325) ; and it is believed not to be inconsistent with any of our previous adjudications. *632Applying it to the facts averred…
2Cases cited1 opinion
- Faulk v. CallowaySupreme Court of Alabama · 1898
3Cited by9 opinions
- Hughes v. ThomasWisconsin Supreme Court · 1907
- Woodruff v. SatterfieldSupreme Court of Alabama · 1917
- Arnett v. WilloughbySupreme Court of Alabama · 1914
- Powers v. PenseWyoming Supreme Court · 1912
- Brewer v. Folsom Bros. Co.Wyoming Supreme Court · 1931
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