Browning v. Kelly
Supreme Court of Alabama
Appeal from St. Clair Chancery Court. Heard before 1-Ion. J. R. Dowdell. Bill by Browning and others against Kelly and others. This cause was on a former occasion before the Supreme Court on appeal from a decree of the chancery court on the demurrers to the bill of complaint, Kelly v. Browning, 113 Ala. 420. The opinion rendered on that appeal fully and clearly sets forth the case made by the bill. These facts need only to be concisely stated here.
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Appeal from St. Clair Chancery Court. Heard before 1-Ion. J. R. Dowdell. Bill by Browning and others against Kelly and others. This cause was on a former occasion before the Supreme Court on appeal from a decree of the chancery court on the demurrers to the bill of complaint, Kelly v. Browning, 113 Ala. 420. The opinion rendered on that appeal fully and clearly sets forth the case made by the bill. These facts need only to be concisely stated here. The parties to the original suit were owners of stock in the East & West Railroad Company, a corporation, and also of certain bonds which were…
1Opinion of the CourtSharpe, J.
— The character and purposes of the bill of complaint are shoAvn in the report of the case heard upon a former appeal from a decree on demurrers to the bill. See Kelly v. Brotoning, 113 Ala. 420. On that appeal it was held in effect that the bill was well filed to establish in favor of complainants an equitable interest in the railroad property, A\diich was the subject of their contract made with the defendants on May 11th, 1888. The decision Avas apparently upon the consideration that one effect of the agreement, Avas to place the original defendants Kelly and Byrne in the position of agents…
2Cases cited7 opinions
- Keel v. LarkinSupreme Court of Alabama · 1882
- Lewis v. PostSupreme Court of Alabama · 1840
- Dolan v. DolanSupreme Court of Alabama · 1889
- Sublett v. HodgesSupreme Court of Alabama · 1889
- Dickson v. Collins, Brother & Co.Supreme Court of Alabama · 1850
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3Cited by4 opinions
- Ryan v. PlathWashington Supreme Court · 1943
- Ryan v. RyanSupreme Court of Alabama · 1958
- Security Federal Savings & Loan Ass'n v. Underwood Coal & Supply Co.Supreme Court of Alabama · 1943
- Summers v. SummersSupreme Court of Alabama · 1928