Farris v. Houston
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 2d May, 1884, by T. L. Farris and W. H. McCurdy, against Mrs. Mary J. Houston and her husband; and sought to enjoin a judgment at law which Mrs. Houston had recovered against them, in the Circuit Court of Montgomery, on the 15th June, 1883, and to have the debt applied as assets in their hands of the insolvent estate of Robert F. Simonton, deceased, of…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 2d May, 1884, by T. L. Farris and W. H. McCurdy, against Mrs. Mary J. Houston and her husband; and sought to enjoin a judgment at law which Mrs. Houston had recovered against them, in the Circuit Court of Montgomery, on the 15th June, 1883, and to have the debt applied as assets in their hands of the insolvent estate of Robert F. Simonton, deceased, of which they were the administrators de bonis non. After the filing of the answer, Mrs. Houston submitted a motion to…
1Opinion of the CourtStone, C. J.
Mary J. Houston recovered a judgment against Farris & McCurdy for about twenty-three hundred dollars, for the rent during the years 1880 and 1881 of the plantation in Lowndes county known as the “Davidson plantation.” On appeal to this court, that judgment was affirmed, and execution upon it was placed in the hands of the sheriff to enforce its collection. The present bill was filed by Farris & McCurdy to enjoin its collection, and an injunction was obtained. A motion was made, based on a demurrer and the denials in the answer, to dissolve the injunction, which motion the chancellor granted ;…
2Cases cited14 opinions
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Garland v. WatsonSupreme Court of Alabama · 1883
- Jones v. EwingSupreme Court of Alabama · 1876
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3Cited by23 opinions
- Nathan v. TompkinsSupreme Court of Alabama · 1886
- Jackson v. KingSupreme Court of Alabama · 1886
- Nixon v. Clear Creek Lumber Co.Supreme Court of Alabama · 1907
- Doe ex dem. Hooper v. ClaytonSupreme Court of Alabama · 1886
- Winter v. City CouncilSupreme Court of Alabama · 1885
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