McDougald's Adm'r v. Dougherty
Supreme Court of Alabama
Appeal from tbe Chancery Court of Russell. Heard before tbe Hon. James B. Clabk. The original bill in tbis case was filed on tbe 30tb May, 1851, by Edward Carey, as tbe assignee of tbe Bank of Columbus, Georgia, on bebalf of bimself and tbe other creditors of Daniel McDougald, deceased, against tbe personal representative and distributees of said McDougald, Seaborn Jones, and others.
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Appeal from tbe Chancery Court of Russell. Heard before tbe Hon. James B. Clabk. The original bill in tbis case was filed on tbe 30tb May, 1851, by Edward Carey, as tbe assignee of tbe Bank of Columbus, Georgia, on bebalf of bimself and tbe other creditors of Daniel McDougald, deceased, against tbe personal representative and distributees of said McDougald, Seaborn Jones, and others. Its object was to enforce payment of certain debts due and owing to said bank by McDougald, out of assets belonging to bis estate; to foreclose a deed of trust, or assignment, by which said McDougald conveyed…
1Opinion of the CourtStone, J.
In the original case between these parties, the decree was pronounced, dismissing the complainant’s bill, at the November term, 1855. In March, 1856, the complainant petitioned the chancellor for leave to file a bill of review, accompanying his petition with the bill he proposed to file ; and the chancellor made an order, granting the prayer of the petition. The petition for leave to file the bill was sworn to by the complainant, and sets forth the grounds on which the claim is based. In form, these preliminary proceedings conform to the rule.—Code, §§ 2952-3; P. & M. Bank v. Dundas, 10 Ala.…
2Cases cited20 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
- Tomlinson v. McKaigCourt of Appeals of Maryland · 1847
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3Cited by31 opinions
- McCall v. McCurdySupreme Court of Alabama · 1881
- Taylor v. CrookSupreme Court of Alabama · 1902
- Turner v. TurnerSupreme Court of Alabama · 1915
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Jones v. HendersonSupreme Court of Alabama · 1934
26 more not listed; retrieve them via the Exa API.