Legal Opinion

Tucker v. Pilcher

Supreme Court of Alabama

Decided April 19, 1917PublishedCited by 2 opinions

Appeal from Houston Chancery Court, ard before Hon. O. S. Lewis. Bill by G. W. Pilcher against T. M. Tucker, individually, and others. From the decree, the named defendant appeals. Bill by G. W. Pilcher against T. M. Tucker, individually, the Atlantic Compress Company, a corporation, and Young & Hughes, a partnership, seeking foreclosure of a mortgage executed by Tucker to complainant, and a sale of certain cotton to satisfy his lien.

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Appeal from Houston Chancery Court, ard before Hon. O. S. Lewis. Bill by G. W. Pilcher against T. M. Tucker, individually, and others. From the decree, the named defendant appeals. Bill by G. W. Pilcher against T. M. Tucker, individually, the Atlantic Compress Company, a corporation, and Young & Hughes, a partnership, seeking foreclosure of a mortgage executed by Tucker to complainant, and a sale of certain cotton to satisfy his lien. The bill shows the execution of the mortgage on December 24, 1914, and that it was given complainant to secure payment for 3,080 pounds of middling cotton,…

1Opinion of the Court

GARDNER, J.(1) The foregoing statement discloses that the complainant in the court below sought a foreclosure of an equitable mortgage on certain personal property — six bales of cotton — under the decree of the chancery court, so as to subject a sufficiency of the proceeds of this sale to the payment of the indebtedness for the security of which the mortgage was given. That for such purpose the bill is properly filed we think quite clear.—Hamilton v. Clancy, 196 Ala. 194, 72 South. 15; Humes v. Scott, 130 Ala. 281, 30 South. 788.(2) The bill also seeks a personal decree against respondent…

2Cases cited4 opinions

  1. Lyon v. PowellSupreme Court of Alabama · 1884
  2. Hamilton v. ClanceySupreme Court of Alabama · 1916
  3. Humes v. ScottSupreme Court of Alabama · 1900
  4. Cooper v. JohnsonU.S. Circuit Court for the Southern District of Georgia · 1907

3Cited by2 opinions

  1. Wood v. BarnettSupreme Court of Alabama · 1922
  2. First National Bank v. KlingNorth Dakota Supreme Court · 1934

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