Ex parte Gist
Supreme Court of Alabama
The case is stated in tlie opinion. The decree dismissing the cause for the want of prosecution could not affect in any way the decree perpetuating the injunction. 2 Dan.
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The case is stated in tlie opinion. The decree dismissing the cause for the want of prosecution could not affect in any way the decree perpetuating the injunction. 2 Dan. Ch. PI. & Pr. 1683; Ascough v. Townsend, 2 Vesey, 197; Oldfield v. Cobbett, 20 Beaver, 563; Justice v. HcBroom, 1 Lea (Tenn.) 556; Kerr on Injunctions, 637, 632-3; Ex parte Cressioell, 60 Ala. 378; Cochran v. Miller, 74 Ala. 63; Ex pwrte Elyton Land■ Co., 104 Ala. 91; Trump v. McDonald, 112 Ala. 256, 259. The former decrees settled all the equities of the bill, and the decree of dismissal was void and should be set aside. —…
1Opinion of the CourtHead, J.
In June, 1888, the present petitioner (then Minnie J. Hardy) and others filed their bill in the chancery court, of Shelby county against J. B. Randall and O. W. Gary, alleging their ownership, as heirs of James D. Hardy, deceased, of the stone and timber in and upon certain described lands, by a certain documentary chain of title to their said ancestor, but alleging the existence of a mistake in the description of the lands in the deed to him, and prayed for a reformation of the deed correcting said mistake.
Upon allegations that defendants, Gary and Randall, were making claim to said Avood…
2Cases cited5 opinions
- Ex parte Elyton Land Co.Supreme Court of Alabama · 1893
- Thompson v. MadduxSupreme Court of Alabama · 1894
- Tramp v. McDonnellSupreme Court of Alabama · 1895
- Vice v. LittlejohnSupreme Court of Alabama · 1895
- Randall v. HardySupreme Court of Alabama · 1894
3Cited by5 opinions
- Sollie v. OutlawSupreme Court of Alabama · 1920
- Threadgill v. Dixie Industrial Co.Supreme Court of Alabama · 1918
- New England Mortgage Security Co. v. DavisSupreme Court of Alabama · 1898
- Gentry v. LawleySupreme Court of Alabama · 1904
- Randall v. MossSupreme Court of Alabama · 1900