May v. Eastin
Supreme Court of Alabama
This case came up by appeal from the Circuit Court of Greene, exercising Chancery jurisdiction. The bill was filed by Eastin, praying the redemption of a negro slave.
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This case came up by appeal from the Circuit Court of Greene, exercising Chancery jurisdiction. The bill was filed by Eastin, praying the redemption of a negro slave. The facts, so far as material to the case, were as follow: Eastin became indebted to the Tombeckbee Bank, and to secure the payment of the amount due, executed his deed of trust for several negro slaves, and other property to the said Bank; subsequently, under an arrangement with Buchannon, the testator of the defendants, the said property was purchased under a sale by the Bank, and delivered to the complainant, under a certain…
1Opinion of the Court
By Mr. Justice Hitchcock :
The appellants contend for a reversal of the decree in this case, upon the following grounds :
1. That the bill should have been dismissed for an improper joinder of Patrick May with James May; and also because the defendants are charged in their representative and individual characters., II. That the Court had no power to refuse the motion to dismiss the bill for want of security for costs; the statute being, as they contend, peremptory.
III. That there is error .in the interlocutory decree of the Chancellor.. 1. In deciding that the first purchase by Buchan-non, was…
2Cited by2 opinions
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Blum & Co. v. MitchellSupreme Court of Alabama · 1877