Cross v. Bank of Ensley
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Petition by the Bank of Ensley and others for the sale of certain lands not involved in a pending suit, in aid of the execution of a former decree of the court ordering the land, together with other lands, to he sold. From a decree granting petition, the adverse parties appeal. The demurrers to the petition shduld have been sustained. 204 Ala. 224, 85 South. 498; 21 Ala. 705, 56 Am.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Petition by the Bank of Ensley and others for the sale of certain lands not involved in a pending suit, in aid of the execution of a former decree of the court ordering the land, together with other lands, to he sold. From a decree granting petition, the adverse parties appeal. The demurrers to the petition shduld have been sustained. 204 Ala. 224, 85 South. 498; 21 Ala. 705, 56 Am. Dec. 283; 62 Ala. 404; 204 Ala. 218, 85 South. 444; 204 Ala. 197, 85 South. 474?. On these same authorities, court erred in striking the…
1Opinion of the CourtGardner, J.
For the litigation out of which the present appeal arises, see Cross v. Bank of Ensley, 203 Ala. 561, 84 South. 267.
After the affirmance of the decree of the court below following a foreclosure of the mortgage executed by Z. Cross and wife, and R. C. Cross and wife, separately, the latter filed an original bill, setting up matters relating to the substance of this litigation, which was this day decided.
On account of this last hill by R. C. Cross, the cross-complainants in the former litigation filed a petition to the chancellor in that cause, seeking authority to proceed with the foreclosure…
2Cases cited2 opinions
- Cross v. Bank of EnsleySupreme Court of Alabama · 1919
- Bennett v. HallSupreme Court of Alabama · 1914
3Cited by1 opinion
- Cross v. MartinSupreme Court of Alabama · 1922