McDonald v. McMahon's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. H. C. Speaks. The bill in this case was filed on the 18th September, 1867, by Joseph C. Baker, as the administrator of the estate of John J. McMahon,deceased, against William S. Bankhead, William A. McDonald, and John A. Gilchrist; and sought to enforce a vendor’s lien on land, for the unpaid purchase-money.
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. H. C. Speaks. The bill in this case was filed on the 18th September, 1867, by Joseph C. Baker, as the administrator of the estate of John J. McMahon,deceased, against William S. Bankhead, William A. McDonald, and John A. Gilchrist; and sought to enforce a vendor’s lien on land, for the unpaid purchase-money. The bill alleged that the lands were sold by the complainant, as such administrator, on the 1st January, 1861, under a decree of the Probate Court of said county, for the payment of debts; that said W. A. McDonald became…
1Opinion of the CourtBbickell, C. J.
The assignments of error relating to the decree rendered at the November term, 1869, would not be entertained, if objection had been made, that the statute had perfected a bar to an appeal from that decree.—Garner v. Prewitt, 32 Ala. 13. The joinder in error is, however, a waiver of the objection. — 1 Brick. Dig. 103, § 290. It is manifest that and the subsequent decree are fatally erroneous, because of a want of necessary and proper parties, against whom any final decree could be rendered in the cause, which granted relief to the complainant. The vendee of the lands having become bankrupt,…
2Cases cited6 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Garner v. PrewittSupreme Court of Alabama · 1858
- McMaken v. McMakenSupreme Court of Alabama · 1851
- Butler v. Merchants' InsuranceSupreme Court of Alabama · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Giglio v. BarrettSupreme Court of Alabama · 1922
- Jackson v. PutmanSupreme Court of Alabama · 1912
- Martin v. BainesSupreme Court of Alabama · 1928
- Pearce v. KennedySupreme Court of Alabama · 1936
- McGowin v. McGowinSupreme Court of Alabama · 1936
8 more not listed; retrieve them via the Exa API.