Daniel v. Hunt
Supreme Court of Alabama
Bill in Equity by Wards, to enforce and foreclose Mortgage gimen by Guardian to Surety on Official' Bond. Appeal from the-Chancery Court of Tallapoosa. Heard before the Hon. N. S. G-rai-tam. The bill in this case was filed on the 23d May, 1883, by John TI.
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Bill in Equity by Wards, to enforce and foreclose Mortgage gimen by Guardian to Surety on Official' Bond. Appeal from the-Chancery Court of Tallapoosa. Heard before the Hon. N. S. G-rai-tam. The bill in this case was filed on the 23d May, 1883, by John TI. Daniel and his sister, Mrs. Elizabeth Wells, against Richard H. Hunt and others ; and sought to enforce and foreclose, for the complainants’ benefit, a mortgage executed to said Hunt by one Martin C. Burnett, who was then complainants’ guardian. The mortgage, a copy of which was made an exhibit to the bill, was dated the 10th November,…
1Opinion of the CourtSomerville, J.
The broad doctrine prevails in this State, touching the principle of subrogation, that a creditor is entitled to the benefit of all pledges or securities, given to, or in the hands of a surety, for his indemnity. And this is the rule, whether the surety has been damnified or not, inasmuch as such securities are generally regarded as a trust created for the payment of the debt.— Colt v. Barnes, 64 Ala. 108; Saffold v. Wade. 51 Ala. 214; Forrest v. Luddington, 68 Ala. 1, and cases cited.
While this principle is not denied, it is insisted, on the part of the appellees’ counsel, that where a…
2Cases cited4 opinions
- Osborn v. NobleMississippi Supreme Court · 1872
- Saffold v. Wade'sSupreme Court of Alabama · 1874
- Forrest's Ex'rs v. LuddingtonSupreme Court of Alabama · 1880
- Colt v. BarnesSupreme Court of Alabama · 1879
3Cited by7 opinions
- Smith v. GillamSupreme Court of Alabama · 1885
- Searcy v. ShowsSupreme Court of Alabama · 1920
- Lane v. WestmorelandSupreme Court of Alabama · 1885
- National Park Bank v. HalleAppellate Court of Illinois · 1889
- Dowling v. Sollie & SollieSupreme Court of Alabama · 1937
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