Jackson v. Elliott
Supreme Court of Alabama
Appeal from tbe Chancery Court of Shelby. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed by John S. Jackson, against Jefferson B. Elliott, and prayed to have the defendant enjoined from the collection of a judgment against the complainant. This appeal is taken by the complainant from the decree dissolving the temporary injunction.
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Appeal from tbe Chancery Court of Shelby. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed by John S. Jackson, against Jefferson B. Elliott, and prayed to have the defendant enjoined from the collection of a judgment against the complainant. This appeal is taken by the complainant from the decree dissolving the temporary injunction. In addition to tbe facts stated in tbe opinion, tbe bill avers that John J. Jackson, the complainant, purchased from Jefferson B. Elliott, tbe defendant, certain tracts of land, making a cash payment for tbe same, and giving bis notes for tbe…
1Opinion of the CourtStone, C. J.
The bill in this case is drawn with more than averagé care, and sets forth that Elliott, the vendor, did not own the entire title to the lands he contracted to sell and convey to Jackson! According to the averments of the bill, he was only a tenant in common with four others, his brothers, under the will of their father. The bill further avers that Elliott owned but little property—very little, if any—in excess of his exemptions, and that if four-fifths of the title should be lost to Jackson by virtue of said ownership of the co-tenants, Elliott was financially unable to respond in damages.…
2Cases cited22 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Semple v. GlennSupreme Court of Alabama · 1890
- Garrett v. GarrettSupreme Court of Alabama · 1881
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3Cited by13 opinions
- Kidd v. BorumSupreme Court of Alabama · 1913
- Fitts v. AlexanderSupreme Court of Alabama · 1965
- Morris v. YanceySupreme Court of Alabama · 1958
- Stearnes v. WoodallSupreme Court of Alabama · 1928
- Miller v. Vizzard Investment Co.Supreme Court of Alabama · 1916
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