Faulk & Co. v. Hobbie Grocery Co.
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by Hobbie Grocery Company against T. S. Faulk, Ada E. Faulk, George Stuart, receiver in bankruptcy, and B. Frank, as trustee, to treat orator as having a lien of equal dignity with the other creditors in the mortgage on the lands, to reform and correct the mortgage so as to show that the same is and does stand as a security to orator, to foreclose, etc.
Read the full summary
Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by Hobbie Grocery Company against T. S. Faulk, Ada E. Faulk, George Stuart, receiver in bankruptcy, and B. Frank, as trustee, to treat orator as having a lien of equal dignity with the other creditors in the mortgage on the lands, to reform and correct the mortgage so as to show that the same is and does stand as a security to orator, to foreclose, etc. Decree for complainant, and respondents appeal. In July, 1907, T. S. Faulk & Co., T. S. Faulk, and Ada E. Faulk executed a mortgage on certain real estate situated in…
1Opinion of the CourtSomerville, J.
The office of the cross-bill, and its relation to the original bill, are thus stated by Chief Justice Stone in Abels v. P. & M. Ins. Co., 92 Ala. 382, 386, 9 South. 423, 424: “The general rule is that, when the original bill is dismissed, the cross-bill goes with it. This rule is based on the idea that the averments of the cross-bill and its subject-matter constitute simply a defense to the original bill, and therefore, having no individuality, no distinctive relief can be granted.” But as said in Wilkinson v. Roper, 74 Ala. 140, “if the averments of the cross-bill relate to and spring out of…
2Cases cited16 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Pollard v. American Freehold Land Mortgage Co. of LondonSupreme Court of Alabama · 1903
- Eagle Iron Co. v. BaughSupreme Court of Alabama · 1906
- Knight v. RussCalifornia Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Peebles v. MileySupreme Court of Alabama · 1983
- Andrews v. GreySupreme Court of Alabama · 1917
- Ex Parte BurchSupreme Court of Alabama · 1938
- Dent v. FoySupreme Court of Alabama · 1925
- Graddick v. First Farmers & Merchants Nat.Supreme Court of Alabama · 1984
39 more not listed; retrieve them via the Exa API.