Barringer v. Burke
Supreme Court of Alabama
ERROR to the Chancery Court of Tuskaloosa. Heard before the Hon. W. W. MasoN. This bill was filed by Thomas J. Burke against the plaintiffs in error, to obtain the redemption of certain lands, which were sold under execution against James M. Dunlap, of whom the complainant claimed to be a judgment creditor.
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ERROR to the Chancery Court of Tuskaloosa. Heard before the Hon. W. W. MasoN. This bill was filed by Thomas J. Burke against the plaintiffs in error, to obtain the redemption of certain lands, which were sold under execution against James M. Dunlap, of whom the complainant claimed to be a judgment creditor. The bill alleges, that the complainant obtained a judgment against said James M. Dunlap at the Ocfober term, 1846, of the Circuit Court of Tuskaloosa county ; that the said lands bad been sold under an execution against said Dunlap, wbicb was issued on an older judgment than complainant’s,…
1Opinion of the CourtPhelan, J.
— If the complainant desired to bring to the view of the court the facts connected with the reversal of the first judgment of Burke against Dunlap, and the rendition of the second, he could only do so by supplemental bill; since this is new matter, relating to the case made by the original bill, arising subsequent to the filing of that bill, and, therefore, not proper to be added by way of amendment of the original bill. Story’s Eq. Pl., 268, et seq.; Mitford’s, 49; Walker v. Hallett, 1 Ala., 379. The effect, however, of the new matter upon the case made by the original bill, remains to be…
2Cases cited6 opinions
- Walker v. HallettSupreme Court of Alabama · 1840
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Thomason v. ScalesSupreme Court of Alabama · 1847
- Simmons v. PriceSupreme Court of Alabama · 1850
- Pollard v. TaylorSupreme Court of Alabama · 1848
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