Legal Opinion

Kieser v. Baldwin

Supreme Court of Alabama

Decided December 15, 1878PublishedCited by 3 opinions

Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham: The original bill in this cause was filed by the appellant, Ann E. Kieser, against tbe appellee, M. A. Baldwin, and her husband, B. H. Kieser, and seeks to enjoin Baldwin from selling or taking possession of certain property under and by virtue of a mortgage executed by ber and her husband to Job Trippe, treasurer of the Boston and Eairhaven Iron Works, and by him transferred to Baldwin, or by virtue of a bill…

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Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham: The original bill in this cause was filed by the appellant, Ann E. Kieser, against tbe appellee, M. A. Baldwin, and her husband, B. H. Kieser, and seeks to enjoin Baldwin from selling or taking possession of certain property under and by virtue of a mortgage executed by ber and her husband to Job Trippe, treasurer of the Boston and Eairhaven Iron Works, and by him transferred to Baldwin, or by virtue of a bill of sale to Baldwin of tbe same property, also executed by her husband and herself. Baldwin filed a cross-bill, in wbicb…

1Opinion of the CourtStone, J.

If the averments of the appellee’s cross-bill be true, the two notes of two hundred and fifty-six 25-100 dollars each, made by Kieser and wife to Trippe, treasurer, were given in part purchase of the printing press, bought from the Boston and Eairhaven Iron Works; and a mortgage, cotemporaneous with the purchase, was made by Kieser and wife conveying the press as security for the payment of said notes. These notes, it is averred, together with the mortgage security, were traded and transferred to Baldwin, and thus became his property. It is further averred that Baldwin allowed two extensions…

2Cases cited5 opinions

  1. McGuire v. Van PeltSupreme Court of Alabama · 1876
  2. Boyd v. BeckSupreme Court of Alabama · 1857
  3. Marks v. CowlesSupreme Court of Alabama · 1875
  4. Williams v. AuerbachSupreme Court of Alabama · 1876
  5. Sterrett v. ColemanSupreme Court of Alabama · 1876

3Cited by3 opinions

  1. Johnson's Adm'r v. WardSupreme Court of Alabama · 1886
  2. Morris & Co. v. AlstonSupreme Court of Alabama · 1890
  3. Long v. WalkerSupreme Court of Alabama · 1887

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