Dreyspring v. Loeb
Supreme Court of Alabama
Appeal from Montgomery City Court. Tried before Hon. Jno. G-. Winter. The appeal is taken by the respondents, A. T. Dreyspring, as administrator of the estate of Elias Judkins, deceased, et al., who assign as error the decree of the chancellor overruling the motion to suppress the depositions of complainant’s witnesses; the overruling of their objections to the mortgage and assignment, and the rendition of the final decree granting complainant relief.
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Appeal from Montgomery City Court. Tried before Hon. Jno. G-. Winter. The appeal is taken by the respondents, A. T. Dreyspring, as administrator of the estate of Elias Judkins, deceased, et al., who assign as error the decree of the chancellor overruling the motion to suppress the depositions of complainant’s witnesses; the overruling of their objections to the mortgage and assignment, and the rendition of the final decree granting complainant relief. The depositions should have been suppressed. — Shaw v. Lindsey, 15 Vesev Jr. 380; 1 Barbour Chan. Pr. p. 282; Sayre v. Wag-staff, 5 Beav. 262;…
1Opinion of the CourtColeman, J.
The appellee filed his bill to foreclose two certain mortgages executed by Elias Judkins in which his wife joined for the purpose of conveying her dower interest. The first of these mortgages was executed to the British & American Mortgage Company, Limited, to secure a loan of money, and which mortgage was assigned to complainant. The second was executed directly to complainant to secure a further loan of money. The British & American Mortgage Company was not made a party to the suit, and the question was raised, that the legal title was not before the court. The bill shows that subsequent to…
2Cases cited5 opinions
- Hooper v. StrahanSupreme Court of Alabama · 1881
- Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895
- Ala. Coal Mining Co. v. BrainardSupreme Court of Alabama · 1860
- Wisdom v. ReevesSupreme Court of Alabama · 1895
- Bonner v. YoungSupreme Court of Alabama · 1880
3Cited by7 opinions
- Cloud v. DeanSupreme Court of Alabama · 1924
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Noble v. GilliamSupreme Court of Alabama · 1902
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- C. G. Kershaw Contracting Co. v. Cascade Corp. of AlabamaSupreme Court of Alabama · 1931
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