Wolff v. Shelton's Executors
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. Adam C. Felder. The bill in this case was filed on tbe 28th December, 1869, by Samuel Wolff, against the personal representatives of his deceásed copartner, James T. Shelton, who were the widow and two sons of said decedent; and sought to set aside an award, which had been made under a submission of the partnership accounts between the parties ; also, to enjoin an action at law on the award, and to have the…
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Appeal from the Chancery Court at Mobile. Heard before the Hon. Adam C. Felder. The bill in this case was filed on tbe 28th December, 1869, by Samuel Wolff, against the personal representatives of his deceásed copartner, James T. Shelton, who were the widow and two sons of said decedent; and sought to set aside an award, which had been made under a submission of the partnership accounts between the parties ; also, to enjoin an action at law on the award, and to have the partnership accounts stated and adjusted under the decree of the court. The partnership between said Wolff and Shelton was…
1Opinion of the CourtPeters, C. J.
Fraud, mistake, and account, are grounds of the original and auxiliary jurisdiction of courts of equity. 1 Story’s Eq. §§ 184, 110, 441. Upon these grounds, chancery will entertain a bill to set aside an award for fraud, or for such gross mistakes as amount to fraud, and proceed to settle the accounts of a partnership, when the parties themselves disagree, and the accounts cannot be otherwise adjusted. But an award, whether at common law or under the statute, is the judgment of a court constituted by the parties themselves; and it is final and conclusive of the matters submitted, and can only…
2Cases cited6 opinions
- Byrd v. OdemSupreme Court of Alabama · 1846
- Reynolds v. ReynoldsSupreme Court of Alabama · 1849
- Tankersley v. RichardsonSupreme Court of Alabama · 1829
- Wright v. BoltonSupreme Court of Alabama · 1845
- Scruggs v. BibbSupreme Court of Alabama · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Deal v. ThompsonSupreme Court of Oklahoma · 1915
- Edmundson v. WilsonSupreme Court of Alabama · 1895
- Mason v. BullockAlabama Court of Appeals · 1912