Hurt v. Freeman
Supreme Court of Alabama
Appeal from the Chancery Court of Bussell. Heard before 'the Hon. N. S. Graham. The bill in this case was filed on the 2d January, 1877, by James C. Freeman, as trustee for several minor children, who were joined with him as complainants in the bill, against John W. Hurt and others; and sought, among other things, the foreclosure of a mortgage given by said Hurt to Freeman, as trustee, to secure the payment of a note for money loaned.
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Appeal from the Chancery Court of Bussell. Heard before 'the Hon. N. S. Graham. The bill in this case was filed on the 2d January, 1877, by James C. Freeman, as trustee for several minor children, who were joined with him as complainants in the bill, against John W. Hurt and others; and sought, among other things, the foreclosure of a mortgage given by said Hurt to Freeman, as trustee, to secure the payment of a note for money loaned. On final hearing, the chancellor rendered a decree for the complainants, ordering a sale of the mortgaged lands, &c.; and this decree is now assigned as error,…
1Opinion of the CourtBbiokell, C. J.
A bill for the foreclosure of a mortgage should so describe the mortgaged property, that, if a sale is ordered, the officer of the court may with certainty and safety execute the decree, and that purchasers may be informed of the particular premises which are exposed to sale, and which they can acquire. — Long v. Pace, 42 Ala. 495; Williams v. Roe, 59 Ala. 629; Whitney v. Beal, 5 Blackf. 143. If the mortgage is not certain in its description of the premises upon which it operates, and it is capable of being rendered certain by reference to extrinsic facts, these facts should be averred in the…
2Cases cited6 opinions
- Winston v. BrowningSupreme Court of Alabama · 1878
- Whittelsey v. BeallIndiana Supreme Court · 1839
- Sturdevant v. Heirs of MurrellSupreme Court of Alabama · 1838
- Long v. PaceSupreme Court of Alabama · 1868
- Bennet v. MorrisSupreme Court of Alabama · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Louisville & Nashville Railroad v. BoykinSupreme Court of Alabama · 1884
- Hill v. JohnsonSupreme Court of Alabama · 1925
- Lessley v. PraterSupreme Court of Alabama · 1917
- Carling v. WilsonSupreme Court of Alabama · 1912
- Bright v. BuckmanUnited States Circuit Court for the Northern District of Florida · 1889
6 more not listed; retrieve them via the Exa API.