Collins v. Loyal's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before the Hon. B. B. McCraw. The bill in this case was filed on the 17th May, 1873, by John A. Holmes, as the administrator of the estate of Jesse Loyal, deceased, against Terry Collins and others, and sought to review and correct mistakes in a certain decree rendered by said court, in May, 1856, in favor of said Jesse Loyal, to enforce a vendor’s lien for the unpaid purchase-money of land; also, to set aside a sale of lands…
Read the full summary
Appeal from the Chancery Court of Chambers. Heard before the Hon. B. B. McCraw. The bill in this case was filed on the 17th May, 1873, by John A. Holmes, as the administrator of the estate of Jesse Loyal, deceased, against Terry Collins and others, and sought to review and correct mistakes in a certain decree rendered by said court, in May, 1856, in favor of said Jesse Loyal, to enforce a vendor’s lien for the unpaid purchase-money of land; also, to set aside a sale of lands which had been made under said decree, to correct the original vendor’s bond for title, so as to describe properly the…
1Opinion of the CourtBbxckell, C. J.
The record discloses that this cause was submitted for final decree, “on the original and amended bill and exhibits, decrees pro confesso against the parties who had not appeared and pleaded, and the agreement of counsel.” This agreement, the only matter of evidence affecting the parties appearing and pleading, introduced on the hearing, is not incorporated in the record, and, consequently, we are uninformed of its character and extent. Shall the presumption be made, if error is found in the record as it now stands, that it was not cured, and the decree authorized by the agreement? Or shall…
2Cited by3 opinions
- Williams v. ClarkSupreme Court of Alabama · 1955
- Gray v. United Produce & Products Co.Supreme Court of Alabama · 1971
- Johnston v. JohnstonSupreme Court of Alabama · 1966