Wright v. May
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. Wade Keves. The original bill in this case was filed, on the 28th August, 1857, by Eobert E. Wright, Eobert B. Smyth, and William Wright, as creditors of James Williams, deceased, against the personal representative, of said Williams, S. S. May, John C. Lassiter, Benjamin Kelly, John W. Burns, and William L. Williams; and sought to subject to the satisfaction of the complainants’ several debts a town lot in…
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Appeal from the Chancery Court of Butler. Heard before the Hon. Wade Keves. The original bill in this case was filed, on the 28th August, 1857, by Eobert E. Wright, Eobert B. Smyth, and William Wright, as creditors of James Williams, deceased, against the personal representative, of said Williams, S. S. May, John C. Lassiter, Benjamin Kelly, John W. Burns, and William L. Williams; and sought to subject to the satisfaction of the complainants’ several debts a town lot in Greenville, which had been once sold under execution against said James Williams, and purchased at the sale by the…
1Opinion of the CourtByrd, J.
Upon the allegations of the bill, William L. Williams is an indispensable party; and although the bill prays that he be made a party defendant, yet it does not *552appear from tlie record that he was ever served with process to answer the bill. It does appear that, on the 24th January, 1859, the register made an order of publication against him; but it does not appear that the order was ever complied with, or that any further action was ever taken upon it. The cause was submitted for a final decree, on the pleadings and proofs; and the chancellor dismissed the bill, without assigning any reason…
2Cases cited2 opinions
- Wilkins v. WilkinsSupreme Court of Alabama · 1837
- Burns v. HudsonSupreme Court of Alabama · 1860
3Cited by1 opinion
- National City Bank v. BarretSupreme Court of Alabama · 1925