McLemore v. Pinkston
Supreme Court of Alabama
Appeal from tbe Chancery Court of Montgomery. Heard before the Hon. "Wade Keyes. The bill in this case was filed by Moses McLemore, the appellant, and sought to foreclose a mortgage on several slaves, which was executed by James K. Pinkston on the 19th May, 1845, and the law-day of which was the 1st January, 1846. The mortgage was given to Graham & Rogers, to secure the payment of a promissory note for i>1000; and was assigned by them, for valuable consideration, on the 20th…
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Appeal from tbe Chancery Court of Montgomery. Heard before the Hon. "Wade Keyes. The bill in this case was filed by Moses McLemore, the appellant, and sought to foreclose a mortgage on several slaves, which was executed by James K. Pinkston on the 19th May, 1845, and the law-day of which was the 1st January, 1846. The mortgage was given to Graham & Rogers, to secure the payment of a promissory note for i>1000; and was assigned by them, for valuable consideration, on the 20th March, 1847, to Solomon Thompson, whose administrator, on the 12th February, 1849, assigned the same, for valuable…
1Opinion of the CourtWalken, J.
— The decree of the chancellor in this case contains no error of which the appellant can complain. The appellant bought the mortgage which he seeks to foreclose, and used in the purchase the sum of one thousand and forty dollars of money placed in his hands by the wife of the mortgagor. If this money was the money of the mortgagor, it can not be doubted that the mortgage was discharged, pro tanto. McLemore would be deemed a trustee for the mortgagor, for the money of the latter placed in his hands, and would be precluded from a foreclosure, to that extent. He could not be permitted, after the…
2Cited by9 opinions
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Bynum v. FrederickSupreme Court of Alabama · 1886
- McAnally v. O'Neal & O'NealSupreme Court of Alabama · 1876
- Carleton v. RiversSupreme Court of Alabama · 1875
- Evans, Fite, Porter & Co. v. CovingtonSupreme Court of Alabama · 1881
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