Penney v. Miller
Supreme Court of Alabama
Appeal- from Morgan 'Chancery Court. Heard before Hon. Wm. H. Simpson. The bill was filed by A. May Miller against J. E. Penney and Miller and Palma,tier. The facts alleged therein are shown by the opinion.
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Appeal- from Morgan 'Chancery Court. Heard before Hon. Wm. H. Simpson. The bill was filed by A. May Miller against J. E. Penney and Miller and Palma,tier. The facts alleged therein are shown by the opinion. The bill prayed that Penney be required to account for the property mortgaged to- him or disposed of by him or taken from him wrongfully by others; that an account be taken to ascertain what, if any thing, was due on his mortgage; that a trust on the proceeds of such property now in the actual or constructive possession of Penney be declared in complainant’s favor to the extent of $100…
1Opinion of the CourtSharpe, J.
Complainant, who is the wife of der fediant Miller, is the holder of two notes which with eight others were made by defendants Miller and Palmatier to defendant. Penney, all of which notes were secured by a chattel mortgage made by Miller and Palmatier to Penney. Complainant! acquired the notes by transfer from Penney under the following indorsement placed on each: “I * * * transfer the within note to Mrs. E. B. Miller without recourse on me, but with the understanding that this note is not to be paid until I have collected four hundred and eighteen and 34-100 *598(dollars.” The consideration for…
2Cases cited9 opinions
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Davis v. CookSupreme Court of Alabama · 1880
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Prickett v. SibertSupreme Court of Alabama · 1883
- Knight v. RaySupreme Court of Alabama · 1883
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3Cited by2 opinions
- Grace v. MontgomerySupreme Court of Alabama · 1922
- Keily v. SmithSupreme Court of Alabama · 1909