Presley v. McLean
Supreme Court of Alabama
Appeal from Autauga Chancery Court. Heard before the Hon. N. S. Graham. The proceedings in this cause grew out of a petition filed in the Chancery Court on the 6th April, 1885, by Isabella Presley, as administratrix, in which it was recited that at the Spring term, 1876, of said Chancery Court a decree had been rendered in favor of said Isabella Presley, as administratrix, against William McLean, on a bill filed for the foreclosure of a mortgage executed by the defendant on…
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Appeal from Autauga Chancery Court. Heard before the Hon. N. S. Graham. The proceedings in this cause grew out of a petition filed in the Chancery Court on the 6th April, 1885, by Isabella Presley, as administratrix, in which it was recited that at the Spring term, 1876, of said Chancery Court a decree had been rendered in favor of said Isabella Presley, as administratrix, against William McLean, on a bill filed for the foreclosure of a mortgage executed by the defendant on certain lands therein described, to secure the balance of purchase-money due for said lands; that a balance of two…
1Opinion of the CourtClopton, J.
The decrees and orders of courts of equity, unless for a specific property, operate in personam, and were originally enforceable only by process of contempt. The power to enforce their decrees, by other processes and methods, has been gx-eatly enlax-ged by statute, both in England and in this countx-y. By our statute, all writs for the collection of money, or to obtain possession of real or personal property, in use in the common law courts, are to be adapted to the execution of decx-ees in the courts of chancery. — Code, § 3906. The statute does not enlax-ge the jurisdiction of the courts to…
2Cases cited4 opinions
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Winston v. BrowningSupreme Court of Alabama · 1878
- Hughes v. Hatchett & TrimbleSupreme Court of Alabama · 1876
- Ex parte HoltonSupreme Court of Alabama · 1881
3Cited by7 opinions
- McQueen v. WhetstoneSupreme Court of Alabama · 1900
- Edge v. BiceSupreme Court of Alabama · 1955
- Hastings v. Alabama State Land Co.Supreme Court of Alabama · 1899
- Hall v. NobleSupreme Court of Alabama · 1927
- Teal v. LewisSupreme Court of Alabama · 1887
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