Nelms v. Kennon
Supreme Court of Alabama
Appeal from the Chancery Court of Lee. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 18th September, 1886, by C. W. Nelms, against W. P. Kennon; and sought to redeem a tract of land, which had been sold on the 3d May, 1886, under a decree in chancery foreclosing a mortgage executed by said complainant, and was bought at the sale by the defendant, who was the mortgagee.
Read the full summary
Appeal from the Chancery Court of Lee. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 18th September, 1886, by C. W. Nelms, against W. P. Kennon; and sought to redeem a tract of land, which had been sold on the 3d May, 1886, under a decree in chancery foreclosing a mortgage executed by said complainant, and was bought at the sale by the defendant, who was the mortgagee. The bill alleged that the complainant delivered possession of the land to the purchaser, on demand, within ten days after the sale; but the defendant denied this allegation, and stated that he…
1Opinion of the CourtMoCLELLAN, J.
The motion to suppress the depositions of defendant’s witnesses, on the ground of the insufficiency of the notice of the time and place of taking their testimony, was addressed to the sound discretion of the chancellor, and his action upon it is not revisable. — Semmons v. Watters, 55 Wis. 675. Were this otherwise, however, we would be constrained to sustain the ruling of the court below. The insufficiency relied on depended upon an extraneous fact which is averred in the motion; namely, that on the day appointed, complainant’s solicitors, on whom the notice was served, were compelled to…
2Cases cited3 opinions
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Stocks v. YoungSupreme Court of Alabama · 1880
- Semmens v. WaltersWisconsin Supreme Court · 1882
3Cited by11 opinions
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Baker v. BurdeshawSupreme Court of Alabama · 1902
- Faulk v. McDuffieSupreme Court of Alabama · 1927
- Farley v. NagleSupreme Court of Alabama · 1898
- Harden v. CollinsSupreme Court of Alabama · 1903
6 more not listed; retrieve them via the Exa API.