Woodruff v. Stough
Supreme Court of Alabama
Appeal from the Chancery Court of Crenshaw. Tried before the Hon. Jere N. Williams. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Crenshaw. Tried before the Hon. Jere N. Williams. The facts of the case are sufficiently stated in the opinion. Before a court of equity will interfere witli a judgment of a court of law, or the judgment or decree of any court of competent jurisdiction, it must affirmatively be shown that the party complaining is without fault or neglect on his part, and the wrong sought to be redressed is the result of fraud, accident or mistake, or the act of the adversary party; and that the party complaining was thereby prevented from presenting his cause of action or…
1Opinion of the CourtMcCLELLAN, J.
The appellee, Stough, who is complainant in this cause, and R. J. Cook, jointly owned a certain mill and ginnery outfit, consisting of a steam engine and boiler, a saw mill, a grist mill, two gins and one cotton press and fixtures, three yokes of oxen, and one dray. They sold the entire outfit to Woodruff and others, who are respondents to the bill, and appellants in this court. The agreed consideration was eighteen hundred ($1,800) dollars, payable at a future time. To secure payment of the purchase money, the purchasers, at the instance of the sellers, executed separate notes to Stough and…
2Cases cited6 opinions
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Masterson v. MatthewsSupreme Court of Alabama · 1877
- Hill's Adm'r v. Huckabee's Adm'rSupreme Court of Alabama · 1881
- Wood v. ComanSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Barton v. W. O. Broyles Stove & Furniture Co.Supreme Court of Alabama · 1925
- McQuagge Bros. v. ThrowerSupreme Court of Alabama · 1926
- Merrill v. TravisSupreme Court of Alabama · 1946
- Western Union Tel. Co. v. EmersonAlabama Court of Appeals · 1914
- Jaffe v. Fidelity & Deposit Co.Alabama Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.