Satterfield, Ex'r. v. John
Supreme Court of Alabama
Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. The opinion states the facts. The averments of the bill being positively denied, the injunction should have been dissolved. The bill does not show a specific claim to the draft in the hands of Harlan and the answer denies all right of the complainant to it. The draft is legally in possession of Harlan who is a party defendant, but who has not appeared, and the court has no power to reach him or the draft.
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Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. The opinion states the facts. The averments of the bill being positively denied, the injunction should have been dissolved. The bill does not show a specific claim to the draft in the hands of Harlan and the answer denies all right of the complainant to it. The draft is legally in possession of Harlan who is a party defendant, but who has not appeared, and the court has no power to reach him or the draft. The order appointing a receiver was made after the refusal to dissolve the injunction, and was unnecessary to preserve…
1Opinion of the CourtBrickell, C. J.
The bill is filed to compel an account of the guardianship of the appellee, while an infant, and of the administration of the estate of her deceased mother, of which she was sole legatee and devisee. It presents a case lying within the original jurisdiction of a court of equity, which is not impaired by any statute. An injunction is sought to restrain the guardian, from collecting and re*129ceiving the proceeds of the sales of cotton, averred to be the property of the ward, which had been illegally seized by the military authorities, and the proceeds of the sales of which had been paid into the…
2Cases cited1 opinion
- Bryant v. CraigSupreme Court of Alabama · 1847
3Cited by19 opinions
- Jennings v. MurdockSupreme Court of Kansas · 1976
- Ingalls v. IngallsSupreme Court of Alabama · 1952
- Southern Express Co. v. StateSupreme Court of Alabama · 1914
- Harrison v. HarrisonNew Mexico Supreme Court · 1916
- Birmingham Trust Nat. Bank v. HenleySupreme Court of Alabama · 1979
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