Garrett v. Lynch
Supreme Court of Alabama
Appeal from the Chancery Court of Limestone. Heard before Hon. W®. Skinner. The facts are fully stated in the opinion. Messrs. Walker & Jones filed an elaborate printed brief in the case, and the case was also argued orally at the bar. The briefs of appellant did not come into the Reporter’s hands. The bill in this case is without equity.
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Appeal from the Chancery Court of Limestone. Heard before Hon. W®. Skinner. The facts are fully stated in the opinion. Messrs. Walker & Jones filed an elaborate printed brief in the case, and the case was also argued orally at the bar. The briefs of appellant did not come into the Reporter’s hands. The bill in this case is without equity. The grounds upon which the bill seeks relief, fraud, want of consideration, constitute, (if true) a legal defense» and should have been pleaded to the action in the circuit court. — 42 Ala. 168; Wilson, Adm’r, v. Armstrong, in which the grounds of defense as…
1Opinion of the CourtPeck, C. J.
This case originated in the chancery court of Limestone county. The appellants were the complainants, and the appellees respondents in that court. A syllabus of the bill of complaint may be stated as follows : The respondent, Darius Lynch, as the administrator of Thomas Lynch, deceased, in the year 1860, sold the lands described in the bill, belonging to the estate of said deceased, for distribution amongst the heirs at law; representing at the time of the sale, that he sold said lands by virtue of an order and decree of the probate court of Limestone county, and that he had such an order,…
2Cases cited4 opinions
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- French v. GarnerSupreme Court of Alabama · 1838
- Burns v. Hamilton's Adm'rSupreme Court of Alabama · 1858
- Swann & Billups v. GastonSupreme Court of Alabama · 1888
3Cited by8 opinions
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Howle v. North Birmingham Land Co.Supreme Court of Alabama · 1891
- Wise v. StateSupreme Court of Alabama · 1922
- Norwood v. American Trust & Savings BankSupreme Court of Alabama · 1927
- Western Railway v. LittleSupreme Court of Alabama · 1888
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