Kemp v. Lyon
Supreme Court of Alabama
Appeal from the Chancery Court of Choctaw. Heard before the Hon. Joi-in A. Foster. The appeal in this case is taken from an order and decree granting a writ of assistance to Joseph M. Lyon, on his petition, to put him in possession of certain lands, of which he claimed to be the purchaser at a sale made by the register of said court; which petition was resisted by John W. Kemp, E. T. Kemp, James M. Kemp, and Robert W. Kemp, who were in possession of the land, and were also…
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Appeal from the Chancery Court of Choctaw. Heard before the Hon. Joi-in A. Foster. The appeal in this case is taken from an order and decree granting a writ of assistance to Joseph M. Lyon, on his petition, to put him in possession of certain lands, of which he claimed to be the purchaser at a sale made by the register of said court; which petition was resisted by John W. Kemp, E. T. Kemp, James M. Kemp, and Robert W. Kemp, who were in possession of the land, and were also defendants to the suit in which the decree of sale was rendered. The decree, under which the register sold said lands,…
1Opinion of the CourtStone, C. J.
— In two respects, it is possible the rulings of the chancellor would have been reversed, if there had been an appeal, prosecuted in time. Those rulings are — first, the character and extent of the relief granted, considered in connection with the pleadings on which it was granted. The object of the bill was, to obtain a construction of the will of Joseph Kemp, deceased, and instructions for the administration of his estate, in its changed condition brought about by' the emancipation of slaves, wliich constituted a large part of his estate. The bill, framed only for these objects, was,…
2Cases cited13 opinions
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Kershaw v. ThompsonNew York Court of Chancery · 1820
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Colbert v. DanielSupreme Court of Alabama · 1858
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3Cited by2 opinions
- Oregon Mortgage Co., Ltd. v. KunnekeMontana Supreme Court · 1926
- Packard v. Kinzie Avenue Heights Co.Wisconsin Supreme Court · 1900