Dunlap v. Clements
Supreme Court of Alabama
Appeal from a decretal order of the Court of Chancery for the 22d District. The case made by the hill is this. About the 1st of February, 1S42, Dunlap became the first indorser of a bill of exchange drawn and accepted by one Lee; Battle and Foster became subsequent indorsers on the same hill, which afterwards was negotiated to Clements, and being protested for non-payment, was put in suit by him, and jndgment thereon recovered in his name.
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Appeal from a decretal order of the Court of Chancery for the 22d District. The case made by the hill is this. About the 1st of February, 1S42, Dunlap became the first indorser of a bill of exchange drawn and accepted by one Lee; Battle and Foster became subsequent indorsers on the same hill, which afterwards was negotiated to Clements, and being protested for non-payment, was put in suit by him, and jndgment thereon recovered in his name. That Battle and Foster, procuredLee to execute a deed in trust, conveying a tract of land, and two slaves, to one Don-oho, in trust, to secure them against…
1Opinion of the CourtGoldthwaite, J.
— 1. Clements, in this case, is a mere formal party to the bill, if its allegations are true; but the facts upon which its equity is supposed to arise, must be in the knowledge of the other defendants, if they exist at all, and, therefore, when this equity is denied or avoided by their answer, the rule is, that the injunction may be dissolved, although the other party has not answered. [Long v. Brown, 4 Ala. Rep. 622; Depeyster v. Graves, 2 John. Chan. 148.]
2. The equity arising out of the facts stated in the bill, did not, in our judgment, warrant the injunction in the first instance. In…
2Cases cited2 opinions
- Long v. BrownSupreme Court of Alabama · 1843
- Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830
3Cited by5 opinions
- Hartley v. MatthewsSupreme Court of Alabama · 1892
- Brooks v. Diaz & Co.Supreme Court of Alabama · 1860
- Colton v. PriceSupreme Court of Alabama · 1874
- Garrett v. LynchSupreme Court of Alabama · 1870
- Mobile School Comm'rs v. PutnamSupreme Court of Alabama · 1870