WILLIAM J. FULLERTON
v.
BYRON CLARK, JR., AS ADMINISTRATOR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case, a companion to another case between the same parties, involved the foreclosure of two separate mortgages. The parties agreed that the outcome of one case would dictate the outcome of the other.
Yes, the decree of the lower court is affirmed.
“A stipulation was filed here on November 11th, 1939, in which the parties agreed that the suits were identical except as above stated and agreed that the disposition in this Court of one case should control the disposition of the other.”
This quote establishes the basis for the court's decision to treat both cases identically.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties involved in this case were William J. Fullerton and Byron Clark, Jr., as Administrator. Two separate mortgages, involving the same parties…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Stipulation Of Parties cases and more on FLexlaw
This is a companion case to that case between the same parties, opinion in which was filed herein on’ March 5th, 1940, the only difference being that two separate mortgages involving the same parties were foreclosed in separate suits.
A stipulation was filed here on November 11th, 1939, in which the parties agreed that the suits were identical except as above stated and agreed that the disposition in this Court of one case should control the disposition of the other.
Therefore, on authority of our opinion and judgment, supra, the decree of the lower court is affirmed.
So ordered.
*205Terrell, C. J., Buford and Thomas, J. J., concur.
Whitfield, J., concurs in opinion and judgment.
Justices Brown and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.