Batre v. Auze's heirs
Supreme Court of Alabama
Writ af Error to the Court of Chancery for the first District of the Southern Division. This bill was filed in December, 1837, and seeks to enforce an equitable lien on certain real estate.
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Writ af Error to the Court of Chancery for the first District of the Southern Division. This bill was filed in December, 1837, and seeks to enforce an equitable lien on certain real estate. The complainant, Joseph Auze, alleges that in March, 1836, he was seized in fee of a certain lot of land, in Mobile, and then sold one undivided half of the same to the defendant, Lefebre, for the sum of ten thousand dollars, and conveyed it to him, taking his notes without any security whatever for the purchase money. That the defendant, Charles Batre, is a purchaser of the said undivided half from…
1Opinion of the CourtGoldthwaite, J.
The principal question in this case, and the only one which involves the equity of the bill has not been discussed by the counsel for the plaintiffs in error; and whether it is considered as a mooted question, or otherwise, we ought not to decide it, if the other points made are sufficient to reverse the decree.
*177' 1. The first matter urged for our consideration is, that the defendant, Lefebre, was not properly before the court, so that any decree could be made affecting his rights. It will be seen that there was no personal service of the subpoena on him, and he is attempted to be brought…
2Cases cited1 opinion
- The Mechanics Bank of Alexandria v. LOUISA & MARIA SETONSupreme Court of the United States · 1828
3Cited by39 opinions
- City of Mobile v. Gulf Development Co.Supreme Court of Alabama · 1965
- McMaken v. McMakenSupreme Court of Alabama · 1851
- Reid v. City of BirminghamSupreme Court of Alabama · 1963
- Gravlee v. LamkinSupreme Court of Alabama · 1897
- Wilkinson v. MaySupreme Court of Alabama · 1881
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