Mobile Towing & Wrecking Co. v. Hartwell
| Decision Date | 21 April 1921 |
| Docket Number | 1 Div. 165 |
| Citation | 206 Ala. 7,89 So. 446 |
| Parties | MOBILE TOWING & WRECKING CO. v. HARTWELL. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge.
Bill by the Mobile Towing & Wrecking Company against Harry T Hartwell to determine right of property of complainant in certain corporate stocks, and to foreclose a lien on certain other corporate stocks in favor of complainant and against respondent. From a decree denying relief, complainant appeals. Reversed and remanded.
Smiths Young & Leigh, of Mobile, for appellant.
Lyons Chamberlain & Courtney, of Mobile, for appellee.
The bill alleges, and the answer and proof show, that complainant has acquired, as collateral security for the payment of a balance due from respondent on the note for $9,215.40, assumed by complainant, 15 certain shares of capital stock of the Turner-Hartwell Docks Company, and, further, that complainant has acquired that stock, and also 25 shares of the capital stock of complainant company as collateral for respondent's general indebtedness to complainant, by a written transfer from respondent. The answer admits a balance due to complainant on the assumed note, and also on respondent's general indebtedness.
Under this pleading and proof, complainant was entitled to have the amounts of those debts ascertained, and to have a decree of foreclosure as against those collateral securities for the satisfaction of the respective debts. Complainant's lien was founded upon a contractual pledge, and no objection could be raised to the jurisdiction of the court to administer relief, whether under special or general prayer. Jones v. Dimmick, 178 Ala. 296, 59 So. 623.
With respect to the 60 shares of complainant's capital stock, evidenced by certificate No. 40, it conclusively appears that complainant's title thereto, by virtue of its purchase thereof under a lien foreclosure on June 26, 1916, was litigated and determined favorably to complainant in the case of Mobile Towing & Wrecking Co. v. First National Bank of Lakeland, 201 Ala. 419, 78 So. 797. Equity is without jurisdiction to declare title to personal property merely for the purpose of quieting adverse claims, or settling doubts as to its validity--that procedure being limited to titles to real estate. Hence no relief could be decreed as to that stock, under the prayer to declare complainant's title.
The bill prays, also for a...
To continue reading
Request your trial
-
Brouk v. McKay
...Printing Co., 56 Mo.App. 145; Koelling v. Citizens Bank (Mo. App.), 237 S.W. 176; R. S. Mo. 1929, sec. 4549; Mobile Towing & Wrecking Co. v. Hartwell, 206 Ala. 7, 89 So. 446; Nunzio v. De Nunzio, 90 Conn. 342, 97 A. 323; Hague v. De Long, 282 Mich. 330, 276 N.W. 467; Stone v. State Tax Comm......
- Jones v. First Nat. Bank
-
Crew v. W.T. Smith Lumber Co.
...to quiet or protect title or right to personal property. Bailey v. Folsom, 207 Ala. 329, 93 So. 479; Mobile Towing & Wrecking Co. v. Hartwell, 206 Ala. 7, 89 So. 446. Since there is no equity in either aspect of the bill, the appellant's demurrer to the bill should have been sustained and t......
-
Bailey v. Folsom
... ... no such jurisdiction. Mobile, etc., Co. v. Hartwell, ... 206 Ala. 7, 89 So. 446. With respect to ... ...