Phillips v. Birmingham Industrial Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Birmingham Industrial Company against Lovick W. Phillips and others for a receiver to take charge of property pending litigation. From a decree for complainant respondents appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Birmingham Industrial Company against Lovick W. Phillips and others for a receiver to take charge of property pending litigation. From a decree for complainant respondents appeal. If the bill had been filed by a first mortgagee, it would have been wanting in the first essential element of a good bill as there was no averment that the property was insufficient to pay the mortgage debt. — Scott v. Ware, 65 Ala. 174; Warren v. Pitts, 114 Ala. 65. It is certain that no greater or better rights to the rents can be…
1Opinion of the CourtDowdell, C. J.
The averments of the bill show that the appellant Phillips executed a mortgage to the Birmingham Industrial Company, appellee, embracing the real and personal property described in the bill, and that there was a foreclosure of the mortgage under the power contained in it, and at the foreclosure sale the appellee became the purchaser. The appellee then, made demand for possession on Phillips, the mortgagor, and H. C. and Emma Cristlieb, the mortgagor’s tenants, who *448were in the actual possession of the property under a lease from Phillips executed subsequent to the execution of the mortgage,…
2Cases cited3 opinions
- American Freehold Land Mortgage Co. of London v. TurnerSupreme Court of Alabama · 1891
- Satterwhite v. StateSupreme Court of Alabama · 1856
- Cotton v. CarlisleSupreme Court of Alabama · 1887
3Cited by3 opinions
- Federal Land Bank of New Orleans v. LloydSupreme Court of Alabama · 1931
- In Re MorrisUnited States Bankruptcy Court, N.D. Alabama · 1996
- Walsh v. Bank of MoundvilleSupreme Court of Alabama · 1930