Randolph v. Billing
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. David T. Blakey, Special J udge. The facts of the case are sufficiently stated in the opinion. 1. The lien of the bond upon which the original bill was based, can form no part of any relief that might be granted upon the bill as amended, for it was executed subsequent to the execution of the mortgage.
Read the full summary
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. David T. Blakey, Special J udge. The facts of the case are sufficiently stated in the opinion. 1. The lien of the bond upon which the original bill was based, can form no part of any relief that might be granted upon the bill as amended, for it was executed subsequent to the execution of the mortgage. The bill as amended, therefore, makes a new case; it asserts a new title, to which the bond stated in the original bill is merely an inducement. The 7th ground of demurrer to the bill as amended was, therefore, well…
1Opinion of the CourtHead, J.
This is a bill by F. M. Billing against F. C. Randolph, Lombard Loan and Investment Company, Lucy E. Prescott and Charles P. Nunn, to enforce subrogation to the statutory lien of the State upon property of Randolph, mentioned in the bill, arising from an alleged defalcation of Randolph, as judge of probate of Montgomery county, the amount of which was paid by the complainant as a surety of Randolph.
The original bill was filed December 9, 1895, and averred that on the 22d day of August, 1886, said Ran'dolph was elected judge aforesaid; that on July 31, 1891, he executed an official bond in the…
2Cases cited1 opinion
- Watts v. Eufaula National BankSupreme Court of Alabama · 1884
3Cited by6 opinions
- Shaddix v. National Surety Co.Supreme Court of Alabama · 1930
- Singleton v. United States F. & G. Co.Supreme Court of Alabama · 1915
- Dothan Grocery Co. v. DowlingSupreme Court of Alabama · 1920
- Yarbrough v. HightowerSupreme Court of Alabama · 1924
- United States Fidelity & Guaranty Co. v. SingletonSupreme Court of Alabama · 1921
1 more not listed; retrieve them via the Exa API.