Vary v. Smith
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H Benners. Bill by John Vary as the assignee of the Birmingham National Bank against R. D. Smith and others to foreclose a mortgage executed by them to said land, and assigned to complainant. There was a decree dismissing the bill and complainant appeals. The mortgage has been construed as containing a statutory warranty and was not therefore, a quit claim.. See former appeal in this case. — Smith v. Vary.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H Benners. Bill by John Vary as the assignee of the Birmingham National Bank against R. D. Smith and others to foreclose a mortgage executed by them to said land, and assigned to complainant. There was a decree dismissing the bill and complainant appeals. The mortgage has been construed as containing a statutory warranty and was not therefore, a quit claim.. See former appeal in this case. — Smith v. Vary. The plea of discharge in bankruptcy urns no answer to the foreclosure proceedings. — Stewart v. Anderson, 10 Ala. 504; Carlisle v.…
1Opinion of the CourtAndebson, J.
The bill seeks to foreclose a certain mortgage given by B. D. Smith to the Birmingham National Bank in the year 1893. There is no pretense in the pleading or proof that Smith owned the property, now sought to be subjected to said mortgage, at the time of the execution of same, but acquired the same about eight years subsequent to the execution of the said mortgage. If the mortgage is a warranty, it would be fed by the subsequently acquired title. — Tillotson v. Kennedy, 5 Ala. 407, 39 Am. Dec. 330; Chapman v. Abrahams, 61 Ala. 108; Chambers v. Ringstaff, 69 Ala. 140; Parker v. Marps, 82 Ala.…
2Cases cited14 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Jones v. ReeseSupreme Court of Alabama · 1880
- Frink v. DarstIllinois Supreme Court · 1853
- Derrick v. BrownSupreme Court of Alabama · 1880
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3Cited by6 opinions
- Floyd v. AndressSupreme Court of Alabama · 1944
- First Nat. Bank v. CashSupreme Court of Alabama · 1929
- Adams v. PollakSupreme Court of Alabama · 1928
- Sims v. United Auto Supply Co.Supreme Court of Alabama · 1930
- Shannon v. OgletreeSupreme Court of Alabama · 1917
1 more not listed; retrieve them via the Exa API.