McGehee v. Dougherty
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 16th District. The bill is filed by Dougherty against McGehee and Thomas, and the case made by it is this, to wit: In 1835, the complainant, defendants, and some twelve other individuals, whose names are set out in the bill, entered into co-partnership, for the purpose of purchasing Creek Indian reservations of lands.
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Writ of Error to the Court of Chancery for the 16th District. The bill is filed by Dougherty against McGehee and Thomas, and the case made by it is this, to wit: In 1835, the complainant, defendants, and some twelve other individuals, whose names are set out in the bill, entered into co-partnership, for the purpose of purchasing Creek Indian reservations of lands. A large quantity of tracts were purchased and sold by the co-partnership, the titles, for the convenience of the transactions, being vested in, and conveyed by the defendants, who were constituted agents and trustees for that…
1Opinion of the CourtGoldthwaite, J.
1. We have held this cause under consideration to enable us* to look into the cases to see how far it is allowable for the different members of a partnership, to maintain separate actions against one of the partnership, who on a settlement is found indebted to some, or all the other partners. We can find no case however, in which it has ever been held that such a suit is proper in a court of equity. If the partners resort to that court, it must be for a settlement of the partnership affairs, and if these have been finally settled, and the shares coming to each distinctly ascertained, we can…
2Cases cited2 opinions
- Horbach v. HueySupreme Court of Pennsylvania · 1835
- M'Coll v. OliverSupreme Court of Alabama · 1828
3Cited by3 opinions
- Gambill v. GreenwoodSupreme Court of Alabama · 1945
- Paulding v. LeeSupreme Court of Alabama · 1852
- Williams v. RogersCourt of Chancery of Delaware · 1925