Bolling v. Carter
Supreme Court of Alabama
Appeal from a decree of the Court of Chancery for the 7th District. Carter and Womack, on the 19th of March, 1843, exhibit-en their .bill in Chancery, in the Chancery Court of said district, against one Skanes, to obtain a decree of foreclosure on a mortgage by him. of a slave.
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Appeal from a decree of the Court of Chancery for the 7th District. Carter and Womack, on the 19th of March, 1843, exhibit-en their .bill in Chancery, in the Chancery Court of said district, against one Skanes, to obtain a decree of foreclosure on a mortgage by him. of a slave. A decree was pronounced at the June term, 1845, directing, that if a certain sum was not paid to the complainants with the costs of suit previous to a fixed day, the defendant, Skanes, should be foreclo^d from all equity of redemption, and the Master sell the slave, &c. The slave came to the possession of Bolling,…
1Opinion of the CourtGoldthwaite, J.
1. Considering mortgages of personal property as conveyances in trust for the purpose of securing debts, they are within the terms of the statute which *923declares such conveyances, unless recorded in the manner therein directed, shall be void against creditors or subsequent purchasers, without notice. [Dig. 256, § 5.] Similar protection had previously been given to bona fide purchasers and mortgagees, for a valuable consideration, of real estate, not having notice, against unregistered deeds. [Dig. 154, § 18.] Prom the similarity of terms used in these statutes, it seems evident, .the notice,…
2Cases cited2 opinions
- Doe ex dem. Chaudron v. MageeSupreme Court of Alabama · 1845
- Thoms v. SouthardCourt of Appeals of Kentucky · 1834
3Cited by8 opinions
- Boyd v. BeckSupreme Court of Alabama · 1857
- Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
- Patton v. DardenSupreme Court of Alabama · 1933
- Winston v. WestfeldtSupreme Court of Alabama · 1853
- Alabama Power Co. v. City of ScottsboroSupreme Court of Alabama · 1939
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