Munter & Faber v. Linn
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. H. Austill. The appellants, Marcus Munter and Henry Faber, composing the firm of Munter & Faber, filed this bill, in August, 1875, against the appellee, Charles Linn.
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Appeal from Montgomery Chancery Court. Heard before Hon. H. Austill. The appellants, Marcus Munter and Henry Faber, composing the firm of Munter & Faber, filed this bill, in August, 1875, against the appellee, Charles Linn. The bill states in substance, that in January, 1870, appellants were indebted to Linn, mainly on account of the purchase of a store-house and lot in the city of Montgomery, and in payment of a balance due executed three promissory notes for $8,500 each, due respectively on the first day of January, in the years, 1871, 1872 and 1873, secured by mortgage on said property,…
1Opinion of the CourtManning, J.
Appellants executed to appellee, Charles Linn, a mortgage of real estate in Montgomery, with a power of sale to secure the payment of a debt to him for borrowed money. And he being about to sell the property to pay a balance due, they filed their bill praying an injunction to restrain him from doing so, and that an account be taken to ascertain the amount really.due, — and that a sale of the property to pay it, be made under the direction and control of the court, complainants alleging that they “from time to time after the date of said mortgage made payments to the said Linn on said debt,…
2Cases cited18 opinions
- King v. AverySupreme Court of Alabama · 1861
- Garner v. PrewittSupreme Court of Alabama · 1858
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
- Manning v. . TylerNew York Court of Appeals · 1860
- Gill v. RiceWisconsin Supreme Court · 1861
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3Cited by25 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
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