Walker v. Stacey
Walker v. Stacey
Opinion of the Court
delivered the opinion of the Court.
Walker filed his bill to foreclose a mortgage given by Stacey upon a leasehold property in Nashville, called the Stacey House, to secure a debt. Stacey and Brien, the trustees, answered and admit in substance the allegations of the bill, and there was a decree of sale for complainant. On the next day Bertram, who had no interest in the litigation be
Stacey, in his answer, takes sides with Bertram, although his former answer had virtually admitted Walker’s claim. He also in this answer pleads his discharge in bankruptcy, which he- files. Upon the hearing, the Chancellor decreed in favor of Walker, holding that his mortgage was a valid lien- for his debt, and superior to any lien or claim shown by Bertram.. The cross bill of Bertram was dismissed and a decree ordering a sale of the property unless the money was paid in a given time. It was held, however, that Stacey’s discharge in bankruptcy was valid, and no decree was rendered against him, the decree being simply to enforce the lien against the property. From this decree Bertram prayed an appeal, but has not prosecuted it, failing to give bond,, but Stacey has prosecuted an- appeal, and the motion is to dismiss this appeal. We - do not see that he has any further interest in the case, his discharge in bankruptcy, as the Court held, discharged him from
Stacey’s appeal will be dismissed.
Reference
- Full Case Name
- R. H. Walker v. J. Edward Stacey
- Cited By
- 1 case
- Status
- Published