Walker v. Miller & Co.
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Mobile. The defendants in error alledge in their bill that on or about the 16th. of December, 1845, one Adams sold to Robert L. Walker a steamboat called the Dallas, for the sum of $ 15,000 ; one half of which sum has been paid, and for the remainder of the purchase money, Walker, together with Hamilton R. Johnston, gave four notes of the date aforesaid; the first of which is for the sum of $1500, due the 1st of January,…
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Writ of Error to the Court of Chancery sitting at Mobile. The defendants in error alledge in their bill that on or about the 16th. of December, 1845, one Adams sold to Robert L. Walker a steamboat called the Dallas, for the sum of $ 15,000 ; one half of which sum has been paid, and for the remainder of the purchase money, Walker, together with Hamilton R. Johnston, gave four notes of the date aforesaid; the first of which is for the sum of $1500, due the 1st of January, 1847; the second for $2000, due the 1st of February thereafter; the third for $2000, due the 1st of March, and the fourth…
1Opinion of the CourtCollier, C. J.
It is insisted for the plaintiff in error, that the cause should have been repudiated Ijy the chancellor, as there is no sufficient ground shown for the interposition of equity. The suit, if sustainable, must be as a bill quia timet which is said to be in the nature of a writ of prevention, and intended to accomplish the ends of precautionary justice. Such bills are usually applied to prevent wrong, or anticipated mischiefs, and not merely to redress them when done. Courts of equity sometimes interfere in such cases by the appointment of a receiver to receive rents or other income ; sometimes…
2Cases cited10 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- King v. BaldwinNew York Court of Chancery · 1817
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Chapman v. ArmisteadSupreme Court of Virginia · 1815
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Craft v. RussellSupreme Court of Alabama · 1880
- Boyd v. BeckSupreme Court of Alabama · 1857
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
16 more not listed; retrieve them via the Exa API.