Clark v. Jones
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. John Foster. The bill in this case was filed, on the 10th March, 1860, by Henry C. Jones, John Peters, and Richard B. Baugh, as judgment creditors of Samuel S. Clark, against said Clark and John W. Scruggs; and sought to reach and subject to the satisfaction of the complainants’ several judgments said Clark’s interest in a certain lot, or tract of land, which was situated in said county of Madison, and the…
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Appeal from the Chancery Court of Madison. Heard before the Hon. John Foster. The bill in this case was filed, on the 10th March, 1860, by Henry C. Jones, John Peters, and Richard B. Baugh, as judgment creditors of Samuel S. Clark, against said Clark and John W. Scruggs; and sought to reach and subject to the satisfaction of the complainants’ several judgments said Clark’s interest in a certain lot, or tract of land, which was situated in said county of Madison, and the legal title to which was held by said Scruggs. ' The judgment of said Henry C. Jones was rendered, by the circuit court of…
1Per curiam
-We think the authorities establish 'the proposition, that a matter alleged in a bill can only be regarded as admitted by the failure of the defendant to *352answer, when it can either be presumed to be, or is alleged to be, within the defendant’s knowledge.—Thorington v. Carson, 1 Porter, 257; Bank of Mobile v. P. & M. Bank of Mobile, 8 Ala. 772; 3 Greenl. on Ev. § 276; Cowan v. Price, 1 Bibb, 173 ; Moore v. Lockett, 2 Bibb, 67 ; Pearson v. Meaux, 3 A. K. Marsh. 4; Moseley v. Garrett, 1 J. J. Marsh. 212, 215; Mitchell v. Maupin, 3 Mon. 185 ; Kennedy v. Meredith, 3 Bibb, 465; Tate v. Conner, 1…
2Cases cited9 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Savage v. BenhamSupreme Court of Alabama · 1849
- Grady v. RobinsonSupreme Court of Alabama · 1856
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
- Coleman v. Lyne'sCourt of Appeals of Virginia · 1826
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3Cited by2 opinions
- Burton v. MeeksSupreme Court of Alabama · 1931
- Vandegrift v. ShortridgeSupreme Court of Alabama · 1913