Newlin, Fernley & Co. v. McAfee
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. .Heard before the Hon. N. S. Graham. The bill in this case was filed on the 29th September, 1873, by Newlin, Fernley & Co., J. B. Lippincott & Co., and Siter, Van Culin & Glass, three mercantile firms doing business in the city of Philadelphia, against Green T. McAfee, and his several children by his deceased wife, Mrs. Elizabeth L. Mc-Afee ; and sought to enforce, in favor of the complainants and certain other creditors of said…
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Appeal from the Chancery Court of Talladega. .Heard before the Hon. N. S. Graham. The bill in this case was filed on the 29th September, 1873, by Newlin, Fernley & Co., J. B. Lippincott & Co., and Siter, Van Culin & Glass, three mercantile firms doing business in the city of Philadelphia, against Green T. McAfee, and his several children by his deceased wife, Mrs. Elizabeth L. Mc-Afee ; and sought to enforce, in favor of the complainants and certain other creditors of said G. T. McAfee, an equitable mortgage on his lands, and to. set aside, on the ground of fraud, a decree in chancery which…
1Opinion of the CourtBrickell, C. J.
The bill is not, as was supposed by the chancellor, an original bill in the nature of a bill of review, impeaching for fraud the decree rendered in favor of Mrs. McAfee against her husband. Such a bill would properly be filed only by a party or privy to that decree, and the present complainants certainly sustain no such relation to it. The right and title of the complainants is founded wholly on the agreement into which they entered with Green T. Mc-Afee, on the 6th day of October, 1865, which is, in effect, averred to be an equitable mortgage of the lands therein mentioned, for the security…
2Cases cited6 opinions
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Coster's Ex'rs v. Bank of GeorgiaSupreme Court of Alabama · 1853
- Matheson's Heirs v. HearinSupreme Court of Alabama · 1856
- Parker v. MuggridgeU.S. Circuit Court for the District of New Hampshire · 1842
- Simerson v. Branch Bank at DecaturSupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Pollak v. MillsapSupreme Court of Alabama · 1928
22 more not listed; retrieve them via the Exa API.