Gardner v. Mobile & Northwestern Railroad
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wm. H. Tayloe. The bill in this case was filed on December 11th, 1890, by the Mobile & Northwestern Railroad Company against F. G. Ruffin, F. G. Bromberg, Lucy R. Gardner, individually. and as the administratrix of W. IT.
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wm. H. Tayloe. The bill in this case was filed on December 11th, 1890, by the Mobile & Northwestern Railroad Company against F. G. Ruffin, F. G. Bromberg, Lucy R. Gardner, individually. and as the administratrix of W. IT. Gardner, deceased, and Mary Henry, individually, and as the executrix of Thomas Henry, deceased, The prayer of the bill was to cancel and remove certain deeds of conveyance as a cloud on the title to property, alleged to belong to the complainant, and for an injunction to prevent the commission of trespasses by…
1Opinion of the CourtStone, C. J.
The bill was filed to vacate a sale of lands made by the sheriff of Mobile county, under executions which were issued from the circuit court of that county, founded on judgments rendered against the appellee . It seeks a cancellation of the conveyance made by the sheriff to the purchaser, and of subsequent conveyances dependent on it, and prays an injunction to prevent alleged trespasses on the lands. The validity of the sale by the sheriff is impeached on the ground of al*642leged irregularities in the issue of the executions ; the payment of one of the judgments; and because the lands wore the…
2Cases cited12 opinions
- East Alabama Railway Co. v. Doe Ex Dem. VisscherSupreme Court of the United States · 1885
- Gue v. Tide Water Canal Co.Supreme Court of the United States · 1861
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Steele v. TutwilerSupreme Court of Alabama · 1880
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Young v. New Pedrara Onyx Co.California Court of Appeal · 1920
- Town of Camden v. Fairbanks, Morse & Co.Supreme Court of Alabama · 1920
- City of Decatur v. Southern Railway Co.Supreme Court of Alabama · 1913
- Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918
- Brown v. ReinkeSupreme Court of Minnesota · 1924
14 more not listed; retrieve them via the Exa API.