Heirs of Holman v. Bank of Norfolk
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. The bill was filed by the appellees, to foreclose a mortgage executed, to-wit, on the 29th March, 1828, by Charles Brown and wife, on certain property in the city of Mobile, to secure the payment of $20,000,- evidenced by three promissory notes'of $6,666 67 each, dated 29th May, 1828, payable at one, two, and three years,"the interest being payable semi-annually.
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Appeal from the Chancery Court of Mobile. The bill was filed by the appellees, to foreclose a mortgage executed, to-wit, on the 29th March, 1828, by Charles Brown and wife, on certain property in the city of Mobile, to secure the payment of $20,000,- evidenced by three promissory notes'of $6,666 67 each, dated 29th May, 1828, payable at one, two, and three years,"the interest being payable semi-annually. The estate mortgaged is particularly described in the bill, the mortgage having been duly recorded. The bill was filed on the 20th March, 1834, and subsequently, a decree pro confesso was…
1Opinion of the CourtOrmond, J.
Perhaps the best mode of considering this complicated case, is, by first disposing of those questions, which are preliminary to the main question, before proceeding to the discussion of the merits of the case. We will, therefore, first dispose of the questions arising upon the rejection of the testimony of the defendants, and the refusal to reject that of the complainant.
The bill is filed by the Bank of Norfolk, to foreclose a mortgage on certain lands in the city of Mobile, executed by one Charles Brown ; the title to one half of which, it is alledged in the bill, was'obtained by Brown in…
2Cases cited22 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
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- Hooper v. StrahanSupreme Court of Alabama · 1881
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