Ordway v. White
Supreme Court of Alabama
Appeal from tbe Chancery Court of Tuscaloosa. Heard before the Hon. Thomas Cobbs. This was a bill in equity exhibited on 2nd July, 1883, by Ordway & McGuire and judgment creditors of J. H. Ward & Co., against the said J. IT.
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Appeal from tbe Chancery Court of Tuscaloosa. Heard before the Hon. Thomas Cobbs. This was a bill in equity exhibited on 2nd July, 1883, by Ordway & McGuire and judgment creditors of J. H. Ward & Co., against the said J. IT. Ward and the firm of White, Handley & Co. The bill alleges that, in order to secure an indebtedness then past due, the said Ward and his wife had executed to the said White, Handley & Co. a mortgage on a tract of land, which constituted substantially all of the property of the said Ward that was subject to the satisfaction of his debts. The bill prayed that this…
1Opinion of the CourtStone, C. J.
The conveyance in this case is, in form, a mortgage, securing one creditor, and, for that purpose, conveys a tract of land. The bill is filed by other creditors, and seeks to have the mortgagé declared a general assignment. In such issue, the burden of proof is on the complainants. The principal testimony relied on by complainants is that of the mortgagor, Ward. His testimony is, that in addition to the lands conveyed by the mortgage, he owned no real estate other than his homestead. His exact language in reference to his personal property, as found in his deposition, is as follows: “ At the…
2Cases cited3 opinions
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Shirley v. TealSupreme Court of Alabama · 1880
- Du Bose v. CarlisleSupreme Court of Alabama · 1874
3Cited by4 opinions
- Bank of Opelika v. Kiser, Moore, Draper & Co.Supreme Court of Alabama · 1898
- Marshall v. Livingston National BankMontana Supreme Court · 1891
- Smith v. McCaddenSupreme Court of Alabama · 1902
- Parsons & Sons v. JohnsonSupreme Court of Alabama · 1887