Roper v. McCook & Robertson's Adm'r
Supreme Court of Alabama
Writ of Error to the Court of Chancery, sitting at Ashville. The plaintiff in error filed his bill, setting forth that James Robertson, since deceased, about the second day of February, 1838, sold to the defendant, McCook, a tract of land situate in the county of St. Clair, (particularly described,) executed a bond for titles and received from McCook his notes for the purchase money.
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Writ of Error to the Court of Chancery, sitting at Ashville. The plaintiff in error filed his bill, setting forth that James Robertson, since deceased, about the second day of February, 1838, sold to the defendant, McCook, a tract of land situate in the county of St. Clair, (particularly described,) executed a bond for titles and received from McCook his notes for the purchase money. One of these notes, for the sum of two hundred dollars, dated the 2d day of February, 1838, and due on the first of March, 1840, was indorsed by Robertson with all its equities and liens to George M. Duke, and…
1Opinion of the CourtCollier, C. J.
— We have repeatedly held that where a note or other equivalent evidence of debt is transferred, either by indorsement or delivery, if secured by a mortgage, the mortgage as an incident will pass to the assignee, and he will be authorized to pursue any equitable remedy that the mortgagee could, while he was the proprietor of the paper. [Doe ex dem Duval’sheirs v. McLoskey, 1 Ala. Rep. N. S. 708; Emanuel & Gaines v. Hunt, 2 Id. 190.] In Haley et al v. Bennett, 5 Porter’s Rep. 452, the vendor of land executed a writing to *322his vendee, by which he undertook to make him a deed to the land sold,…
2Cases cited9 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
- Scott v. M'MillenCourt of Appeals of Kentucky · 1822
- Ravisies v. AlstonSupreme Court of Alabama · 1843
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Felton v. SmithIndiana Supreme Court · 1882
- Wells v. MorrowSupreme Court of Alabama · 1861
- Conner v. BanksSupreme Court of Alabama · 1850
- Lewis v. HickmanSupreme Court of Alabama · 1917
25 more not listed; retrieve them via the Exa API.