Wilkins v. Judge
Supreme Court of Alabama
Error to the Chancery Court of Butler. Before the Hon. A. Crenshaw, Chancellor. The bill was filed by the defendants in error, for the purpose of rescinding a contract for the sale of some slaves, made in Texas between the plaintiffs in error, and William Judge, by which the latter, in consideration of a house and and lot, in Austin, Texas, conveyed certain slaves to the former.
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Error to the Chancery Court of Butler. Before the Hon. A. Crenshaw, Chancellor. The bill was filed by the defendants in error, for the purpose of rescinding a contract for the sale of some slaves, made in Texas between the plaintiffs in error, and William Judge, by which the latter, in consideration of a house and and lot, in Austin, Texas, conveyed certain slaves to the former. That these slaves were in the possession of Joseph Dunklin, as agent of William Judge, who refused to deliver i them to the plaintiffs in error, being advised by his principal that a fraud had been practiced upon him…
1Opinion of the CourtDargan, J.
The bill being filed by two, as co-complainants, they must show that both have an interest, and both are entitled to relief; and if it appear that one co-plaintiff is not entitled to any relief, the bill must be dismissed. See Story’s Eq. Pl. 392; Clarkson v. De Peyster, 3 Paige’s R. 336; 2 Sim. R. 237.
The object of the bill is, to enjoin perpetually, a judgment at law, rendered in favor of the respondents, against Dunklin, one of the complainants, in an action of detinue to recover two slaves. The bill shows, that the slaves once belonged to William Judge, the other complainaut — that he…
2Cases cited4 opinions
- Den v. TurnerSupreme Court of the United States · 1824
- Bradshaw v. HeathNew York Supreme Court · 1835
- Davidson v. ShipmanSupreme Court of Alabama · 1844
- Dunklin v. WilkinsSupreme Court of Alabama · 1843
3Cited by12 opinions
- James v. JamesSupreme Court of Alabama · 1876
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Otis v. DarganSupreme Court of Alabama · 1875
- Strang v. MoogSupreme Court of Alabama · 1882
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