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Home > History and Archaeology > History > Reports of Cases Argued and Determined in the Supreme Court of Alabama Volume 13
Reports of Cases Argued and Determined in the Supreme Court of Alabama Volume 13

Reports of Cases Argued and Determined in the Supreme Court of Alabama Volume 13


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1848 edition. Excerpt: ... Branch Bank at Mobile v. Rutledge and Watts. ed in Clarke, and which was not divested by the sheriff's sale, nor any title or interest therein conveyed to Givens. Then, although he is in possession, he is not connected with this equitable right, that is sought to be foreclosed, and instead of holding in connection with this equitable title, he seems to hold adversely to the plaintiff, and not in connection with any title derived from the plaintiff. Under these circumstances, I think a decree may be rendered against Clarke, without making Givens a party to the bill. This decree will cut off the equity of Clarke, unless he pays up the purchase money, and will leave the complainant with his legal title, which he now has according to the allegations of his bill, which he may assert as he sees proper. The chancellor therefore erred in dismissing the bill, as against Clarke. The bond for titles should have been decreed an equitable lien, the amount of the purchase money remaining unpaid ascertained, according to the practice of courts of chancery, and a final decree rendered. The decree therefore dismissing the bill as to Clarke, is reversed, and the cause remanded; and it is ordered, that the defendant, James Clarke, pay the costs of this court. BRANCH BANK AT MOBILE v. RUTLEDGE AND WATTS. 1. If a defendant in chancery, omits to move the chancellor, to dismiss the bill for not having been filed in the proper county, he cannot assign it for error in this court. Error to the Chancery Court for the 20th District. Before the Hon. J. B. Clarke. Branch Bank at Mobile v. Rutledge and Watts. The bill was filed by defendants in error, perpetually to enjoin a judgment against them in favor of the bank, rendered in the circuit court of Mobile county....


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Product Details
  • ISBN-13: 9781154422061
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 324
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1154422062
  • Publisher Date: 12 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 581 gr

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