Cross v. Martin
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Bill by Z. Cross and others against W. L. Martin and T. J. Martin individually and J. T. Martin, as administrator, and others, to prohibit the carrying out of certain decrees and to enjoin and restrain the respondents from enforcing said decrees. From a decree dismissing the bill, complainants appeal.
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Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Bill by Z. Cross and others against W. L. Martin and T. J. Martin individually and J. T. Martin, as administrator, and others, to prohibit the carrying out of certain decrees and to enjoin and restrain the respondents from enforcing said decrees. From a decree dismissing the bill, complainants appeal. It appears from the allegations of the bill that there are two decrees in the circuit court of Bessemer in the name of the Bank of Ensley as cross-complainant against these respondents authorizing and ordering a sale of certain…
1Opinion of the Court
MeCLELLAN,’ J.
[1 ] The appellants sought, by a pleading in form an original bill, to have annulled a decree or decrees entered in a cause or causes, pending on the equity docket of the same court, which court was, at the time this pleading was filed, engaged in the process of having executed such decree or decrees. The “bill” appears to seek to impeach and to annul such decree or decrees for fraud, and to have excluded asserted homestead rights from subjection to the mandate of the court. The decree or decrees thus assailed seem to have been rendered in the exercise of equity’s power to…
2Cases cited3 opinions
- Cross v. Bank of EnsleySupreme Court of Alabama · 1919
- Cross v. Bank of EnsleySupreme Court of Alabama · 1921
- Cross v. Bank of EnsleySupreme Court of Alabama · 1921