McCall v. McCurdy
Supreme Court of Alabama
Appeal from Lowndes Chancery Court. Heard before Hon. John A. Foster. On the 24th April, 1866, James D. McCall, being indebted to Georgia A. Reese, a minor, executed and delivered to her guardian, as security for such indebtedness, a mortgage on certain real estate in Lowndes county therein described. On 24th December, 1867, McCall died intestate, leaving a widow and .minor children.
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Appeal from Lowndes Chancery Court. Heard before Hon. John A. Foster. On the 24th April, 1866, James D. McCall, being indebted to Georgia A. Reese, a minor, executed and delivered to her guardian, as security for such indebtedness, a mortgage on certain real estate in Lowndes county therein described. On 24th December, 1867, McCall died intestate, leaving a widow and .minor children. On 2d July, 1868, the said Georgia A. Reese, then of age-, filed her bill in the Chancery Court of Lowndes county for the purpose of foreclosing said mortgage and of having the widow’s dower assigned to her,…
1Opinion of the CourtBbickell, C. J.
The objects and effect of a bill of review, when filed because of error of law apparent, or because of newly discovered evidence pressing upon the matter in issue in the former suit, are the reversal of the decree, so far as it is erroneous, and to retry the cause upon the original record in the one case, or, in the other, upon the original and new proof. The present bill, in form and substance, has the essential and distinguishing properties and qualities of a bill of review for •error of law apparent, and is without the qualities or properties of a bill impeaching a decree for fraud, and,…
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3Cited by48 opinions
- Johnson v. JohnsonSupreme Court of Alabama · 1913
- Cochran v. MillerSupreme Court of Alabama · 1883
- Brown v. Kingsberry Mortg. Co.Supreme Court of Alabama · 1977
- Jones v. HendersonSupreme Court of Alabama · 1934
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