Pinkard v. Ingersoll
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the fourteenth District. This case was here at a former term, when the equities between the parties were settled, and is reported supra, under the title of Pinkard v. Ingersoll, (page 9, vol. 11.) It was then held, that the property in controversy should be sold, and its proceeds distributed between the parties, on the basis of an agreement between them, dated the 17th February, 1842. This agreement provides, 1. That certain slaves…
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Writ of Error to the Court of Chancery for the fourteenth District. This case was here at a former term, when the equities between the parties were settled, and is reported supra, under the title of Pinkard v. Ingersoll, (page 9, vol. 11.) It was then held, that the property in controversy should be sold, and its proceeds distributed between the parties, on the basis of an agreement between them, dated the 17th February, 1842. This agreement provides, 1. That certain slaves therein named, shall be bid off by the trustees, and conveyed to In-gersoll, without further consideration. 2. That…
1Opinion of the CourtGoldthwaite, J.
1. As to the question of interest, between the several parties entitled to payment out of the fund, to be produced by the sale of the property in this cause, we think cannot arise.
The agreement which forms the basis of the decree, ascertains that each is entitled to a specified sum, and the creditors are marshalled in the order in which the sum allotted to them is to be paid. It is evident if these sums could be increased by any extraneous circumstances, the agreement can not be carried into effect. Now, if as between these parties, one was culpable, and others innocent of any thing tending *443to…
2Cases cited2 opinions
- Lawrence v. MurrayNew York Court of Chancery · 1831
- January v. MartinCourt of Appeals of Kentucky · 1809
3Cited by1 opinion
- Sanderson v. JonesSupreme Court of Florida · 1855