Thorington v. City Council of Montgomery
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 25th January, 1886, by Mrs. Sallie G. Thoringtou, against the corporate authorities of the city of Montgomery, and sought to enjoin and restrain the sale of three city lots under a decree in chancery deqlaring and enforcing a lien in favor of the city for unpaid taxes assessed against them and other lots as the property of Mrs. Mary E. Winter; and the…
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 25th January, 1886, by Mrs. Sallie G. Thoringtou, against the corporate authorities of the city of Montgomery, and sought to enjoin and restrain the sale of three city lots under a decree in chancery deqlaring and enforcing a lien in favor of the city for unpaid taxes assessed against them and other lots as the property of Mrs. Mary E. Winter; and the general prayer, for other and further relief, was added. After answer filed, in which was incorporated a demurrer, the…
1Opinion of the CourtStone, C. J.
It is claimed that two grounds for equitable relief, are shown in the present bill : First, that the City Council having sold the lots in controversy to Mrs. Thorington, for unpaid taxes of 1884, a second sale of the same, property can not be made for unpaid taxes due the city, accruing and delinquent before the year 1884. Second, that inasmuch as, under the chancery decree (Winter v. City Council, 79 Ala. 481), six separate lots of ground were decreed to be sold, for taxes accruing between the years 1878 and 1882, inclusive, three of which lots only were sold to Mrs. Thorington for the…
2Cases cited11 opinions
- Porter v. FineTennessee Supreme Court · 1848
- Cochran v. MillerSupreme Court of Alabama · 1883
- McLean v. Presley's Adm'rSupreme Court of Alabama · 1876
- Baines v. BarnesSupreme Court of Alabama · 1879
- Preston v. Van GorderSupreme Court of Iowa · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shannon v. LongSupreme Court of Alabama · 1912
- Penny v. British & American Mortgage Co.Supreme Court of Alabama · 1901
- Galloway v. HendonSupreme Court of Alabama · 1901
- Thorington v. City Council of MontgomerySupreme Court of Alabama · 1889
- Tarwater v. GoingSupreme Court of Alabama · 1903
3 more not listed; retrieve them via the Exa API.