Thorington v. City Council of Montgomery
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Poster. The bill in this case was filed on the 25th January, 1886, by Mrs. Sallie G. Thorington, against the corporate authorities of the city of Montgomery; and sought to enjoin a threatened sale by the register in chancery of three city lots in Montgomery, under a decree in chancery declaring and enforcing a lien in fayor of the city, on said lots and others, as the property of Mrs. Mary E. Winter,…
Read the full summary
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Poster. The bill in this case was filed on the 25th January, 1886, by Mrs. Sallie G. Thorington, against the corporate authorities of the city of Montgomery; and sought to enjoin a threatened sale by the register in chancery of three city lots in Montgomery, under a decree in chancery declaring and enforcing a lien in fayor of the city, on said lots and others, as the property of Mrs. Mary E. Winter, for unpaid taxes. According to the allegations of the bill, with accompanying exhibits, the complainant became the…
1Opinion of the CourtStone, C. J.
This case was before us at a former term, 82 Ala. 591. We then held the bill contained equity. We ruled further, that Mrs. Thorington, the purchaser of three of six lots at the tax sale of 1885, was entitled, no other equities intervening, to have the three lots not sold at the former sale, first sold under the decree for the older taxes, before resorting to the lots purchased by her. The case had been decided in the court below on motion to dissolve the injunction for want of equity; and our ruling was based alone on the case made by the bill.
When the case returned to the court below, it was…
2Cases cited18 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Porter v. FineTennessee Supreme Court · 1848
- Harrell v. MitchellSupreme Court of Alabama · 1878
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Winter v. City Council of MontgomerySupreme Court of Alabama · 1893
- Calvert v. CalvertSupreme Court of Alabama · 1912
- Brantley v. KellySupreme Court of Alabama · 1933
8 more not listed; retrieve them via the Exa API.