Williams v. Troy
Supreme Court of Alabama
Appeal from tbe Chancery Court of Dallas. Heard before tbe Hon. James B. Clabe. The bill in tbis case was filed, on tbe 21st June, 1861, by Joba D. F. Williams and Emily, his wife, against D. S. Troy; and sought to enjoin tbe defendant from selling certain town lots in Cababa, under a mortgage executed to him by tbe complainants.
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Appeal from tbe Chancery Court of Dallas. Heard before tbe Hon. James B. Clabe. The bill in tbis case was filed, on tbe 21st June, 1861, by Joba D. F. Williams and Emily, his wife, against D. S. Troy; and sought to enjoin tbe defendant from selling certain town lots in Cababa, under a mortgage executed to him by tbe complainants. Tbe complainants purchased tbe lots from tbe defendant in February, 1857, at tbe price of $4,500, for which they gave their promissory note, payable on tbe 1st March, 1861; and, to secure tbe payment of tbe note, executed a mortgage on tbe lots, containing a power of…
1Opinion of the CourtR. W. Walker, J.
It is not necessary, in tbis case, that we should decide tbe question raised by counsel as to tbe constitutionabty, so far as it relates to antecedent *120mortgages, of the 8d section of the act of Feb. 8th, 1861, commonly known as the “stay-law.” — Acts of Called Session, 1861, p. 4. For, however that question may be decided, the chancellor’s decree dismissing the bill must be affirmed. If the provision of the 3d section of the act referred to, making it unlawful for the mortgagee to sell the property without having actual possession thereof, be unconstitutional, so far as it applies to…
2Cases cited3 opinions
- Gliddon v. Andrews & Bros.Supreme Court of Alabama · 1848
- Hoopes v. BaileyMississippi Supreme Court · 1854
- Williamson's Adm'r v. RossSupreme Court of Alabama · 1859
3Cited by3 opinions
- Micou v. AshurstSupreme Court of Alabama · 1876
- Yonge v. ShepperdSupreme Court of Alabama · 1870
- Zavelo v. GoldsteinSupreme Court of Alabama · 1912