Maullen v. Armistead
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. J. ~W. LesesNE. This case was before this court at its June term, 1850„ on appeal from an interlocutory order of the chancellor dissolving the injunction on the coming in of the answer and the chancellor’s decree was then reversed, and the cause remanded. — See 18 Ala. 500. The present appeal is taken from the final decree rendered on final hearing ons bill and answer.
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Appeal from the Chancery Court of Marengo. Heard before the Hon. J. ~W. LesesNE. This case was before this court at its June term, 1850„ on appeal from an interlocutory order of the chancellor dissolving the injunction on the coming in of the answer and the chancellor’s decree was then reversed, and the cause remanded. — See 18 Ala. 500. The present appeal is taken from the final decree rendered on final hearing ons bill and answer. The material facts will be readily understood from the opinion of the court, in connection with the former report.
1Opinion of the CourtStone, J.
Tbe bill in tbis case prays relief on three grounds: first, that tbe cotton erop of 1842 was hypothe-cated for the payment of the bill of exchange, accepted by complainants for the accommodation of Robert B. Armistead; second, that the deed of March 17th, 1842, constituted complainants preferred creditors; and, third, that the debt to Hugh Campbell, for which William Armistead and J ames Semple were sureties, was paid off and discharged.
The chancellor dissolved the injunction on the answer; and in doing so, declared the legal effect of the alleged hypothecation, and of the deed of March,…
2Cases cited3 opinions
- Gelston v. CodwiseNew York Court of Chancery · 1814
- Rugely v. RobinsonSupreme Court of Alabama · 1851
- Maulden, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1850
3Cited by2 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864