Nelson & Hatch v. Dunn
Supreme Court of Alabama
Appeal from the decree of the Hon. J. W. Lessesne, in vacation, sitting for the Third District, Southern Chancery Division, dissolving an injunction.
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Appeal from the decree of the Hon. J. W. Lessesne, in vacation, sitting for the Third District, Southern Chancery Division, dissolving an injunction. Dunn, filed a bill in the chancery court of Sumter, against the appellants, and McCain and Kendricks, in which he states, that about the 15th of June, 1840, Alexander Henderson, sold to Nelson and Hatch, a plantation and negroes, for upwards of $81,000; for the payment of which, they executed eleven promissory notes : the first, payable on the 1st of May, 1841, and the rest falling due annually, from that time to the 1st of May, 1851, and to…
1Opinion of the CourtChilton, J.
Before proceeding to notice the main points so elaborately discussed at the bar, we will briefly dispose of some objections made to the frame of the cross bill, and questions of practice, as to the dissolution of injunctions by the chancellor in vacation.
1. We need not examine the question, whether the defendants to the original bill acquired such an interest in the decree appointing a trustee, and ordering a reference to the matters of account to the register, as would prevent the complainant in that bill from dismissing it. The record shows, that although Dunn has instructed his counsel to…
2Cases cited12 opinions
- Smith v. McIverSupreme Court of the United States · 1824
- Champion v. BrownNew York Court of Chancery · 1822
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Carnochan v. ChristieSupreme Court of the United States · 1826
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3Cited by64 opinions
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- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Hooper v. Central Trust Co.Court of Appeals of Maryland · 1895
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