Magee v. McMillan
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. "Wade Keyes. The original bill in this case was filed by Thomas McMillan, to foreclose a mortgage on a tract ofland, executed by Boger Stewart and wife, to secure the payment of the notes for the purchase-money; said land having been previously sold by McMillan to Mrs. Stewart, and a deed, with covenants of warranty, having been executed.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. "Wade Keyes. The original bill in this case was filed by Thomas McMillan, to foreclose a mortgage on a tract ofland, executed by Boger Stewart and wife, to secure the payment of the notes for the purchase-money; said land having been previously sold by McMillan to Mrs. Stewart, and a deed, with covenants of warranty, having been executed. Jacob Magee, to whom Stewart and wife sold and conveyed after the execution of the mortgage, was made a co-defendant with them, and filed an answer, which was prayed to be taken as a cross bill;…
1Opinion of the CourtStone, J.
The strongest cases in our decisions, favoring the defense set up by the cross bill, are, Read v. Walker, 18 Ala. 323; Smith v. Robertson, 23 Ala. 312, and Lanier v. Hill, 25 Ala. 554.
In Read v. Walker, although it is not made an absolutely controlling point in the opinion, yet the bill charged, that if the land were lost, the other property of the vendor Avould not be sufficient to indemnity Walker, the purchaser, who in that case invoked the power of the chancellor for his indemnification. The bill was not ansAvered by Read ; and, under the statute, the averments of the bill Avere regarded…
2Cases cited12 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Read v. WalkerSupreme Court of Alabama · 1850
- Goodwin v. McGeheeSupreme Court of Alabama · 1849
- Lanier v. HillSupreme Court of Alabama · 1854
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Strong v. WaddellSupreme Court of Alabama · 1876
- Converse Bridge Co. v. Geneva CountySupreme Court of Alabama · 1909
- Maxwell v. ShermanSupreme Court of Alabama · 1911
- Blanks v. WalkerSupreme Court of Alabama · 1875
6 more not listed; retrieve them via the Exa API.