Boykin v. Kernochan
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. ■ Heard before the Hon. Wade Keyes. The appellant filed his petition on the 14th April, 1854, in the Mobile Chancery Court, setting out that on the--day of-----, 1852, he intermarried with Sarah M. Hazzard, who had been a party to a suit in said court, in which Joseph Kernochan was complainant, and Robert F. Hazzard and Sarah M., his wife, and others, were defendants ; that the object of the suit was to foreclose a mortgage on…
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Appeal from the Chancery Court of Mobile. ■ Heard before the Hon. Wade Keyes. The appellant filed his petition on the 14th April, 1854, in the Mobile Chancery Court, setting out that on the--day of-----, 1852, he intermarried with Sarah M. Hazzard, who had been a party to a suit in said court, in which Joseph Kernochan was complainant, and Robert F. Hazzard and Sarah M., his wife, and others, were defendants ; that the object of the suit was to foreclose a mortgage on certain lands, the fee of which was in his wife ; that during his marriage his wife had issue, born alive, capable of…
1Opinion of the Court
LIGON, J
We see no error in this record, nor has the counsel for the appellant been able to produce a precedent for his petition. We are aware of no rule of chancery practice, which allows a final decree, once made, and fully executed, to be opened on the petition of one who, by his own showing, had no interest whatever in the subject-matter of the controversy until long after it was terminated. To introduce such a practice, would tend to unsettle the decrees of the Chancery Courts to an alarming extent, — to protract litigation, and foster speculations upon supposed errors in the proceedings…
2Cases cited1 opinion
- Binford v. BinfordSupreme Court of Alabama · 1853
3Cited by3 opinions
- Awbrey v. EstesSupreme Court of Alabama · 1927
- Mettee v. BollingSupreme Court of Alabama · 1957
- Green v. MaclinSupreme Court of Alabama · 1857