Kennedy's heirs v. Kennedy's heirs
Supreme Court of Alabama
THE appellees in April, 1839, filed their bill in the Chancery, Court sitting at Mobile, praying that a deed bearing date the 13th December, 1824, by which Wm. E. Kennedy, their ancestor conveyed to Joshua Kennedy, the ancestor and testator ofthe appellants, extensive and valuable real estate, in and contiguous to the city of Mobile, might be set aside.
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THE appellees in April, 1839, filed their bill in the Chancery, Court sitting at Mobile, praying that a deed bearing date the 13th December, 1824, by which Wm. E. Kennedy, their ancestor conveyed to Joshua Kennedy, the ancestor and testator ofthe appellants, extensive and valuable real estate, in and contiguous to the city of Mobile, might be set aside. At the term of that Court, holden in the fall of the year 1840, it was .adjudged by the decree of the Chancellor, that the deed of December, 1824, was made for the purpose of enabling Joshua Kennedy to secure and provide for the management…
1Opinion of the CourtCollier, C. J.
In considering this cause, a preliminary question suggested itself, viz: Is the case brought here by appeal, such as this Court can entertain 1 It is correct as a general proposition, that an appeal will not lie from an interlocutory order; but it is not universally true, for if such an order will finally affect the merits of the case, or deprive the party complaining of it, of any benefit he may have at the final hearing, an appeal is allowable. Buloid v. Miller, 4 Paige’s Rep. 473; Rogers v. Paterson, ibid. 450; Lomax v. Picot, 2 Rand. Rep. 247; Beach v. Fulton Bank, 2 Wend. Rep. 225;…
2Cases cited1 opinion
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by8 opinions
- Cary v. RichardsonSupreme Court of Louisiana · 1883
- Mansony v. United States BankSupreme Court of Alabama · 1843
- Garland v. DimitrySupreme Court of Louisiana · 1927
- West v. HolmanSupreme Court of Alabama · 1931
- Bullen v. TruloveSupreme Court of Alabama · 1932
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