Legal Opinion

Park v. Lide

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 20 opinions

Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Tiios. M. Arrington. The bill in this case was filed on the 17th February, 1886, by Frank W. Lide against Howard P. Park, and sought to set aside three several sales under powers in mortgages, at each of which one Robert E. Park became the nominal purchaser, and his subsequent conveyance of the land to said Howard P. Park, who was his brother. The tract of land had belonged to Alex.

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Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Tiios. M. Arrington. The bill in this case was filed on the 17th February, 1886, by Frank W. Lide against Howard P. Park, and sought to set aside three several sales under powers in mortgages, at each of which one Robert E. Park became the nominal purchaser, and his subsequent conveyance of the land to said Howard P. Park, who was his brother. The tract of land had belonged to Alex. W. McDade, who died, intestate, in April, 1877; and he conveyed it by deed of gift, a few days before his death, to his daughter, Janie L.…

1Opinion of the Court

MoCLÉLLAN, J.

This record does not sufficiently present the action of the Chancery Court on the demurrer to the bill, to enable us to review it. No decree in that behalf appears in the transcript. What seems to 'be a mere docket memorandum of the chancellor is transcribed; but that is not a decree, but a mere direction of the chancellor to the register, *249which may or may not have been developed into a decree by formal incorporation into the minutes of the court. We can not consider assignments of error based on it.—Baker v. Swift, 87 Ala. 530.

This leaves for consideration only the final decree…

2Cases cited11 opinions

  1. Patton v. BeecherSupreme Court of Alabama · 1878
  2. Lehman v. MeyerSupreme Court of Alabama · 1880
  3. Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
  4. Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
  5. Caldwell v. KingSupreme Court of Alabama · 1884

6 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. De Bardeleben v. StateAlabama Court of Appeals · 1918
  2. Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
  3. McDonald v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
  4. Morgan v. Flexner & LichtenSupreme Court of Alabama · 1894
  5. McSwean v. StateSupreme Court of Alabama · 1912

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