Dunklin v. Wilson
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. H. Austill. The bill in this case was filed on the 8th September, 1875, by Mrs. Julia A. Wilson and her children by her deceased husband, William A. Wilson, against Daniel G. Dunklin, Allen Colley, S. F. Gafford, and Jesse M. Armstrong; and sought to set aside and vacate, on the ground of fraud, a decree in chancery which said Colley had obtained, in a suit to which Mrs. Wilson and her children were parties,…
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Appeal from the Chancery Court of Butler. Heard before the Hon. H. Austill. The bill in this case was filed on the 8th September, 1875, by Mrs. Julia A. Wilson and her children by her deceased husband, William A. Wilson, against Daniel G. Dunklin, Allen Colley, S. F. Gafford, and Jesse M. Armstrong; and sought to set aside and vacate, on the ground of fraud, a decree in chancery which said Colley had obtained, in a suit to which Mrs. Wilson and her children were parties, enforcing an asserted vendor’s lien on a tract of land for the unpaid purchase-money; and also to set aside a sale of the…
1Opinion of the CourtStone, J.
A party sought to be concluded by a judgment or decree, must be shown to have had notice or knowledge of the suit, actual, or, in some cases, constructive ; and if this notice or knowledge be wanting, the record of recovery has no binding effect. This rests on the plain principle of right, that no man shall be deprived of his goods, until an opportunity has been afforded him of making defense.
Under our system, the return of a sheriff, or other ministerial officer, asserting that service was made, is evidence of the fact; becomes a part of the record, and, to that extent, will uphold the most…
2Cases cited8 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Preston v. DunnSupreme Court of Alabama · 1854
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3Cited by65 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Gill v. MoreSupreme Court of Alabama · 1917
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
60 more not listed; retrieve them via the Exa API.