Adler v. Van Kirk Land & Construction Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Escambia. Heard before the Hon. Jere N. Williams. The facts of the case are sufficiently stated in the opinion. 1. As a bill of review upon newly discovered matter, while the bill avers that the fraud alleged was not discovered until after the decree was entered, it wholly fails to show, by appropriate averments, that by the use of due diligence,-the complainant could not have discovered the alleged fraud before the rendition of the decree.
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Appeal from the Chancery Court of Escambia. Heard before the Hon. Jere N. Williams. The facts of the case are sufficiently stated in the opinion. 1. As a bill of review upon newly discovered matter, while the bill avers that the fraud alleged was not discovered until after the decree was entered, it wholly fails to show, by appropriate averments, that by the use of due diligence,-the complainant could not have discovered the alleged fraud before the rendition of the decree. This failure is fatal to the bill. — Story's Eq. Plead., § 414; 2 Dan. Ch. PI. & Pr.' (5th ed.), p. 1578 ; Dexter v.…
1Opinion of the Court
BRICKELL, C. J. —
On the 24th day of March, 1894, by consent of parties, a decree was entered by the chancery court of Escambia county, in vacation, upon a submission duly made by the parties under the statute and 80a Rule of Chancery Practice, for a final decree in vacation, in favor of Morris Adler against the VanKirk Land and Construction Company, foreclosing a mortgage upon a large body of lands, executed by that company to Worthington, Elliott & DeBardeleben, and by them assigned, together with the demands thereby secured, to said Adler. After the register, proceeding to the execution of…
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- Waring v. LewisSupreme Court of Alabama · 1875
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