Lehman-Durr Co. v. Folmar
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. W. L. Parks. Action by the Lehman-Durr Company against George A, Folmar and others. Upon reversal of a decree ordering a sale of certain lands and putting complainant, the purchaser, in possession, the respondents moved for restitution and an accounting of rents.
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Appeal from Montgomery Chancery Court. Heard before Hon. W. L. Parks. Action by the Lehman-Durr Company against George A, Folmar and others. Upon reversal of a decree ordering a sale of certain lands and putting complainant, the purchaser, in possession, the respondents moved for restitution and an accounting of rents. From a decree in favor of petitioners, other than George A. Folmar, for restoration of possession and a reference as to the rents, the Lehman-Durr Company appeals. On motion to dismiss. This is an appeal from a decree by the chancery court of Montgomery county, rendered October…
1Opinion of the CourtHaralson, J.
In Marks v. Cowles, 61 Ala. 302, this court said : “The general principle that a judgment *485or decree reversed by a competent jurisdiction, ceases to exist as between the parties — in the strong language of some authorities, becomes mere waste paper — and that every right and interest springing out of, and dependent upon it, acquired by the party in whose favor it was rendered, shares its fate and falls with it, has been frequently asserted, and underlies numerous decisions of this court,” citing numerous decisions of the court. “* * * Restitution of all advantages the party obtaining the…
2Cases cited8 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Ex parte Walter Bros.Supreme Court of Alabama · 1889
- Tatum v. YahnSupreme Court of Alabama · 1900
- Wright v. HurtSupreme Court of Alabama · 1890
- Kelly & Middleton v. HorselySupreme Court of Alabama · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- St. Regis Paper Co. v. KerlinSupreme Court of Alabama · 1985
- Ex Parte RobertsonSupreme Court of Alabama · 1937
- Lehman-Durr Co. v. FolmarSupreme Court of Alabama · 1909
- Russell v. First Nat. Bank of HartselleSupreme Court of Alabama · 1938