Townsend v. Jones

Supreme Court of Alabama

Townsend v. Jones

47 Ala. 479

DecidedJanuary 15, 1872

StatusPublished

This text of 47 Ala. 479 (Townsend v. Jones) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Townsend v. Jones, 47 Ala. 479 (Ala. 1872).

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Opinion

33. E. SAEEOLD, J.

We see no error in the charge given. The agreement proposed by Dreyfus was not executed. The defendant acquired no right against Dreyfus, nor did the latter'obtain any against the plaintiffs. The defendant’s consent, under the supposition of the charge, was not necessary to a credit of the payment received by him on the mortgage debt. If he had a superior claim to appropriate the payment to his other debt he ought to have propounded it.

The judgment is affirmed.

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33. E. SAEEOLD, J.

We see no error in the charge given. The agreement proposed by Dreyfus was not executed. The defendant acquired no right against Dreyfus, nor did the latter'obtain any against the plaintiffs. The defendant’s consent, under the supposition of the charge, was not necessary to a credit of the payment received by him on the mortgage debt. If he had a superior claim to appropriate the payment to his other debt he ought to have propounded it.

The judgment is affirmed.

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Bluebook (online)

47 Ala. 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/townsend-v-jones-ala-1872.