Allgood v. Bank of Piedmont
Supreme Court of Alabama
Appeal from the Chancery 'Court of Calhoun. Heard before the Hon. Kichaed B. Kelly. Bill of review on the ground of newly dicovered evidence, filed by J. P. Allgood, the appellant, against the Bank of Piedmont, and others. On the 15th 'of August, 1895, The Bank of Piedmont filed its bill in the chancery court of Calhoun county, for the purpose of enforcing a vendor’s lien on certain lots' situated in the town of Piedmont.
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Appeal from the Chancery 'Court of Calhoun. Heard before the Hon. Kichaed B. Kelly. Bill of review on the ground of newly dicovered evidence, filed by J. P. Allgood, the appellant, against the Bank of Piedmont, and others. On the 15th 'of August, 1895, The Bank of Piedmont filed its bill in the chancery court of Calhoun county, for the purpose of enforcing a vendor’s lien on certain lots' situated in the town of Piedmont. In this bill, •as averred in the bill of review, the notes given for the property were payable to the Piedmont Land and Improvement Company, or order, at its office in…
1Opinion of the CourtHaralson, J.
It is well settled that a bill of review can be maintained only by parties having an interest affected by the decree, and they must be injured by the errors complained of, whatever may have been their right to insist on such errors at the original hearing.—McCall v. McCurdy, 69 Ala. 65; George v. George, 67 Ala. 192; 3 Am. & Eng. Dec. in Eq., 34, n. 5.
“The equity of a bill of review, for newly discovered testimony, is the fact that it is newly discovered, and that, with, the other testimony, it entitles the complainant. to a decree different — 'beneficially different — -from that rendered in…
2Cases cited7 opinions
- McCall v. McCurdySupreme Court of Alabama · 1881
- Easly v. DyeSupreme Court of Alabama · 1848
- Gunter v. WilliamsSupreme Court of Alabama · 1867
- Banks v. LongSupreme Court of Alabama · 1885
- Berney v. Steiner Bros.Supreme Court of Alabama · 1895
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3Cited by7 opinions
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- Mettee v. BollingSupreme Court of Alabama · 1957
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