Lehman, Durr & Co. v. Comer
Supreme Court of Alabama
Appeal from tbe Chancery Court of Barbour. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 6th December, 1886, by Lehman, Durr & Co., commission-merchants in Montgomery, against J. F. Comer and H. M. Comer & Co., a partnership doing business in Savannah, Georgia; and sought principally the foreclosure of a mortgage on crops, mules, &c., executed by said J. F. Comer to complainants, and to hold H. M. Comer & Co. liable for some of the…
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Appeal from tbe Chancery Court of Barbour. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 6th December, 1886, by Lehman, Durr & Co., commission-merchants in Montgomery, against J. F. Comer and H. M. Comer & Co., a partnership doing business in Savannah, Georgia; and sought principally the foreclosure of a mortgage on crops, mules, &c., executed by said J. F. Comer to complainants, and to hold H. M. Comer & Co. liable for some of the mortgaged property, which they had received, as alleged, with notice of the mortgage. The mortgage was dated May 19th,…
1Opinion of the CourtMoCLELLAN, J.
On the former appeal in this case (87 Ala. 362), the sufficiency of the description and identification of mules attempted to be embraced in the mortgage, and all the evidence in relation thereto, were fully, minutely and exhaustively considered in detail by the whole court; and we see no reason now for disturbing the conclusion then so deliberately reached, that the instrument was inoperative as to any mules belongingtothe mortgagor, because of insufficiency and uncertainty of description. We, therefore, adhere to our former opinion on this point.
The question whether complainants are entitled…
2Cases cited4 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Bynum v. FrederickSupreme Court of Alabama · 1886
- Harmon v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- Comer v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
3Cited by8 opinions
- Tompkins v. DrennenSupreme Court of Alabama · 1891
- Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
- Bedell v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Seed v. BrownSupreme Court of Alabama · 1912
- In re EnglandUnited States Bankruptcy Court, M.D. Alabama · 2018
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