Swift v. Stebbins
Supreme Court of Alabama
In error on a decree in Chancery of the Circuit Court of Mobile. Russel Stebbins and John Hunter, as trustees, filed a bill in Chancery, which set forth the following facts : — On or about the 23d day of February, A. D. 1828, John S. Bourne, then a citizen of the County of Mobile, but since deceased, together with Mary Ann Bourne and Ann Mary Bourne, of the city of New York, were seized,, or pretended to be seized, of a certain parcel of land, lying in the city of Mobile.
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In error on a decree in Chancery of the Circuit Court of Mobile. Russel Stebbins and John Hunter, as trustees, filed a bill in Chancery, which set forth the following facts : — On or about the 23d day of February, A. D. 1828, John S. Bourne, then a citizen of the County of Mobile, but since deceased, together with Mary Ann Bourne and Ann Mary Bourne, of the city of New York, were seized,, or pretended to be seized, of a certain parcel of land, lying in the city of Mobile. That, on or about that day, one Samuel G. Swift, together with the said John S. Bourne, executed their joint and several…
1Opinion of the CourtTaylor, J.
Two objections are made to the proceedings in the Circuit Court—
*4501st. That the decree was rendered against the defendants without their having been made .parties.
2d. That those holding the equitable interest in the mortgaged premises, should have been joined with the trustees as complainants.
It appears from, the record, that it was proved to the Court below, that some of the persons who were' prayed to be made defendants by the bill, were nonresidents; whereupon publication was ordered by the Court, according to the statute, requiring them to appear at the next term, &c. Immediately succeeding…
2Cited by5 opinions
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- Carey v. BrownSupreme Court of the United States · 1875
- Walker v. Miller & Co.Supreme Court of Alabama · 1847
- Savannah & Memphis Rail Road v. LancasterSupreme Court of Alabama · 1878
- Straube v. Security First National BankCalifornia Court of Appeal · 1962