Johnston v. Shaw
Supreme Court of Alabama
Appeal from tbe Chancery Court of Greene. Heard before the Hon. James B. ClaeK. This bill was filed by the appellant, against the heirs-at-law of Benjamin Dorman and Franklin Shaw, late partners, both deceased; and sought to obtain a divestiture of the legal title to a house and lot in the town of Greensboro’, which the complainant and his late partner had purchased from the firm of Dorman & Shaw.
Read the full summary
Appeal from tbe Chancery Court of Greene. Heard before the Hon. James B. ClaeK. This bill was filed by the appellant, against the heirs-at-law of Benjamin Dorman and Franklin Shaw, late partners, both deceased; and sought to obtain a divestiture of the legal title to a house and lot in the town of Greensboro’, which the complainant and his late partner had purchased from the firm of Dorman & Shaw. The heirs of Shaw were non-residents; while the other defendants, two of whom were minors when the bill was filed, resided in Mobile. A guardian ad litem was appointed for the infant defendants, and…
1Opinion of the CourtStone, J.
— Section 28T5 of the Code defines the proper district in which chancery suits shall be brought, in most (if not all) the cases within the jurisdiction of that court. That section is subdivided into several clauses; and we think it is our duty to assign to each clause, except perhaps the second, a separate field of operation. This will lead to harmony of construction, prevent collision between the several provisions, and lay down a clear rule for each and every case as it may arise. The second clause is an exception-to a general rule declared in the first clause.
Under this construction, we…
2Cases cited9 opinions
- Harrison v. HarrisonSupreme Court of Alabama · 1852
- Clark v. GilmerSupreme Court of Alabama · 1856
- Byrd v. McDanielSupreme Court of Alabama · 1855
- Johnston v. Heirs of HainesworthSupreme Court of Alabama · 1844
- Wilkinson v. ParishNew York Court of Chancery · 1831
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Waddell v. Lanier & HopkinsSupreme Court of Alabama · 1875
- Milner v. RamseySupreme Court of Alabama · 1872
- Jones v. JonesSupreme Court of Alabama · 1876