Wade v. Martin

Supreme Court of Alabama

Wade v. Martin

47 So. 340, 157 Ala. 215, 1908 Ala. LEXIS 163

DecidedJune 30, 1908

StatusPublished

This text of 47 So. 340 (Wade v. Martin) 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

Wade v. Martin, 47 So. 340, 157 Ala. 215, 1908 Ala. LEXIS 163 (Ala. 1908).

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Opinion

ANDERSON, J.

— After a careful examination of the several deeds of trust sought to be foreclosed, we are of the opinion that they intended to convey only the property of the firm of N. N. Martin & Co., or property standing in the name of the individual members thereof, which was bought for the firm in connection with the business, and not property bought and owned by the individual members for individual purposes. The bill does not bring the property set out in paragraph 10 and 11 within the terms of the conveyances, and the chancellor properly dismissed the bill for want of equity.

Affirmed.

Tyson, C. J., and Dowdell, Simpson, Denson, and McClellan, J-L, concur. .

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ANDERSON, J.

— After a careful examination of the several deeds of trust sought to be foreclosed, we are of the opinion that they intended to convey only the property of the firm of N. N. Martin & Co., or property standing in the name of the individual members thereof, which was bought for the firm in connection with the business, and not property bought and owned by the individual members for individual purposes. The bill does not bring the property set out in paragraph 10 and 11 within the terms of the conveyances, and the chancellor properly dismissed the bill for want of equity.

Affirmed.

Tyson, C. J., and Dowdell, Simpson, Denson, and McClellan, J-L, concur. .

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Bluebook (online)

47 So. 340, 157 Ala. 215, 1908 Ala. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wade-v-martin-ala-1908.