Owen v. Bankhead
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. This case was before the court on appeal during the December term, 1884, and is reported iij 76 Ala. 143. The bill was filed on the 13th August, 1878, by Mrs. Martha H. Owen and Edward P. Shackelford, the latter suing as the administrator of the estate of M. W. Mayes, deceased, against Win.
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. This case was before the court on appeal during the December term, 1884, and is reported iij 76 Ala. 143. The bill was filed on the 13th August, 1878, by Mrs. Martha H. Owen and Edward P. Shackelford, the latter suing as the administrator of the estate of M. W. Mayes, deceased, against Win. S. Bankhead and others, as the personal representatives and heirs at law of George M. Garth, deceased; and sought to enforce an alleged vendor’s lien on a tract of land. The lands weré particularly described by government…
1Opinion of the CourtStone, C. J.
— A final decree had'been rendered in this cause, and under it the register had made sale of the lands the bill sought to have sold. At a subsequent term, application was made for leave to amend the bill. The application’ came too late. The final decree, and adjournment of the court, placed the subject of that decree beyond the power of the chancellor to alter any thing therein decided. Ex parte Cresswell, 60 Ala. 378; Cochran v. Miller, 74 Ala 60; Marshall v. McPhillips, 79 Ala. 145.
Nor can the complainants obtain relief by decretal order nunc pro tunc. The decree follows the'original bill…
2Cases cited6 opinions
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Barton v. BartonSupreme Court of Alabama · 1883
- Taylor v. HarwellSupreme Court of Alabama · 1880
- Ex parte CresswellSupreme Court of Alabama · 1877
- Emerson v. HeardSupreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sweeney v. TritschSupreme Court of Alabama · 1907
- McQueen v. WhetstoneSupreme Court of Alabama · 1900
- Bryan v. SullivanSupreme Court of Oklahoma · 1916
- Stephenson v. HarrisSupreme Court of Alabama · 1901
- Burgess v. BurgessSupreme Court of Alabama · 1918
1 more not listed; retrieve them via the Exa API.