Alexander v. Caldwell
Supreme Court of Alabama
Appeal from tbe Chancery Court of Wilcox. Heard before tbe Hon. Charles Turker. Tbe bill in this case was filed on tbe 7th of January, 1872, by John 3). Alexander, Fred.
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Appeal from tbe Chancery Court of Wilcox. Heard before tbe Hon. Charles Turker. Tbe bill in this case was filed on tbe 7th of January, 1872, by John 3). Alexander, Fred. A. McNeill, John T. Hollis, and Alexander C. Davidson, against J. D. Caldwell, and J. H. George; and sought, principally, to reform and foreclose a mortgage on a tract of land in said county, which said Caldwell had executed to Patrick, Irwin & Co., on the 5th November, 1860, and of wbicb tbe complainants claimed to be tbe owners by assignment and transfer from said Patrick, Irwin & Co.; also, to annul and set aside, as…
1Opinion of the Court
STONE, J. —
Tbe mortgage to George, on tbe lands in controversy, was executed December 5th, 1868. Tbe debt it was made to secure bad been long due. George does not, therefore, occupy tbe position of a purchaser, which, even if without notice, would give him a paramount right over older equities. In fact, there is no question of bona fide purchaser presented by this record. — See Wells v. Morrow, 38 Ala. 125.
On tbe 5th day of November, 1860, Caldwell made and executed a mortgage on lands to Patrick, Irwin & Co., to secure a large debt, also past due. We do not doubt the bona fides of either of…
2Cases cited5 opinions
- Wells v. MorrowSupreme Court of Alabama · 1861
- Rumbly v. StaintonSupreme Court of Alabama · 1854
- Lockhart v. CameronSupreme Court of Alabama · 1856
- Hair v. La BrouseSupreme Court of Alabama · 1846
- Hogan v. SmithSupreme Court of Alabama · 1849
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