McMullen v. Neal's Adm'r
Supreme Court of Alabama
Appeal from the -Chancery Court cf Madison. Heard before the Hon. Henry C. Speaks. The original bill in this case was filed on the 3d August, 1870, by the personal representative of George W. Neat, deceased, against John H. McMullen and wife, Joseph C. Bradley, and William H. Wortham; and said Wortham having died pending tbe suit, it was revived against Ms administrator and heirs.
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Appeal from the -Chancery Court cf Madison. Heard before the Hon. Henry C. Speaks. The original bill in this case was filed on the 3d August, 1870, by the personal representative of George W. Neat, deceased, against John H. McMullen and wife, Joseph C. Bradley, and William H. Wortham; and said Wortham having died pending tbe suit, it was revived against Ms administrator and heirs. The object of the bill was to enforce and foreclose a deed of trust, hereinafter described, and to subject tbe lands conveyed by it to the payment and satisfaction of tbe debt described in it. Tbe deed, a copy of…
1Opinion of the CourtStone, J.
The trust deed given by McMullen to Humphreys, trustee, is more than an indemnity to Bradley, Hammond, and Carmichael, his accommodation indorsers. It. is a security for the payment of the debt. The language of the deed is, “ should I make default in paying said bill at maturity, then the trustee may proceed, after giving thirty days’ notice, to sell to the highest bidder, for cash, the land before described, and with the proceeds pay said bill of exchange, with all costs, damages,” &c. This deed is a direct security to the holder of the bill of exchange; and when the bill matured, and was…
2Cases cited17 opinions
- Moses v. MurgatroydNew York Court of Chancery · 1814
- Constant v. MattesonIllinois Supreme Court · 1859
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- McCune v. BeltSupreme Court of Missouri · 1869
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3Cited by3 opinions
- Durham v. CraigIndiana Supreme Court · 1881
- Hudson v. KellySupreme Court of Alabama · 1881
- Bank of Mobile v. Mobile & Ohio RailroadSupreme Court of Alabama · 1881