Turner v. Turner
Supreme Court of Alabama
Appeal from Lowndes Chancery Court. Heard before Hon. W. B. Chapman. Joe Turner filed a bill against Howard Turner, which was revived after Howard Turner’s death against his widow and minor children, including Daisy Turner. The bill was filed to enforce a vendor’s lien, and for subrogation, and resulted in a decree for complainant and a sale of the land to satisfy the lien.
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Appeal from Lowndes Chancery Court. Heard before Hon. W. B. Chapman. Joe Turner filed a bill against Howard Turner, which was revived after Howard Turner’s death against his widow and minor children, including Daisy Turner. The bill was filed to enforce a vendor’s lien, and for subrogation, and resulted in a decree for complainant and a sale of the land to satisfy the lien. Daisy Turner now brings this bill to review the proceedings and decree in the former case, and appeals from the decree of the chancellor holding the bill devoid of equity.
1Opinion of the Court
SAYRE, J.—(1) This is a bill of review for alleged error apparent on the record of a cause in which decrees were rendered by the chancery court of Lowndes in the years 1896, 1897, 1898. The nature of the questions there involved will' appear from our consideration of the several errors assigned in the present bill. The correctness of the final disposition of the former cause, as affecting the substantial rights of the complainants, is the question, and the answer must be found on the face of the record, which, for the purpose' at hand, is constituted of the pleadings, processes, and decrees…
2Cases cited12 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Newbold v. SmartSupreme Court of Alabama · 1880
- Fariss v. StateSupreme Court of Alabama · 1887
- Tatum v. YahnSupreme Court of Alabama · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Jacobs v. Goodwater Graphite Co.Supreme Court of Alabama · 1920
- New York Casualty Co. v. Sinclair Refining Co.Court of Appeals for the Tenth Circuit · 1939
- Carson v. SleighSupreme Court of Alabama · 1917
- Barrow v. LindseySupreme Court of Alabama · 1935
- Potts v. Court of CommissionersSupreme Court of Alabama · 1919
23 more not listed; retrieve them via the Exa API.