Friedman & Loveman v. Shamblin
Supreme Court of Alabama
Appeal from tlie Chancery Court of Tuscaloosa. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellants against the appellees. The purpose of the bill and the facts of the case are set forth at length in the opinion. Upon the final submission of the cause, on the pleadings and proof, the chancellor rendered a decree denying the relief prayed for by the complainants and ordered the bill dismissed.
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Appeal from tlie Chancery Court of Tuscaloosa. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellants against the appellees. The purpose of the bill and the facts of the case are set forth at length in the opinion. Upon the final submission of the cause, on the pleadings and proof, the chancellor rendered a decree denying the relief prayed for by the complainants and ordered the bill dismissed. From this decree the complainants appeal, and assign the rendition thereof as error. The court had jurisdiction in this cause. This was given by the act approved December…
1Opinion
On Application for Rehearing.
In response to the application for a rehearing we have very carefully considered all the evidence in the record and in the original probate papers sent up to this court and the questions of law involved. There are but two primary questions involved in the case : First, whether there was fraud in the procurement and rendition of the decree of insolvency and the order for the sale of the land; and, second, whether the order for the sale of the land was void on account of the irregularities pointed *465out. The burden was clearly on the appellees to establish the fraud'…
2Cases cited7 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- Doe ex dem. Saltonstall v. RileySupreme Court of Alabama · 1856
- Lyons v. HamnerSupreme Court of Alabama · 1887
- Stevenson v. MurraySupreme Court of Alabama · 1888
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