Prout v. Hoge
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. H. Austill. This was a bill filed by the appellee, Hoge, against the appellants, Alla and Patrick Pront, to foreclose a mortgage made by them to one Jerry Kelly.
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Appeal from Chancery Court of Mobile. Heard before Hon. H. Austill. This was a bill filed by the appellee, Hoge, against the appellants, Alla and Patrick Pront, to foreclose a mortgage made by them to one Jerry Kelly. The case made by the bill, answers, and testimony, is as follows: In March, 1872, Kelly agreed to sell to appellant, Alla Pront, who was a married woman and wife of Patrick Pront, the lot in controversy, for four hundred dollars — two hundred dollars in cash, and two hundred twelve months after date, with eight per cent, interest, and to convey title on full payment. Afterwards,…
1Opinion of the CourtBrickell, C. J.
The general rule in a court of equity is, that all persons having a material interest, legal or equitable, in the subject matter of a suit, must be made parties, either as plaintiffs or defendants. The rule proceeds on the principle that no man’s rights should be controverted in a coxxrt of justice, unless he has full opportunity to appear and vindicate them; and further, that complete justice may be ■done and' future litigation avoided, the performance of the *31-decree being safe, because of the presence in court of all who have an interest in its subject matter. — Story’s Eq. PI. § 72.
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2Cases cited8 opinions
- McMaken v. McMakenSupreme Court of Alabama · 1851
- Marks v. CowlesSupreme Court of Alabama · 1875
- Goodman v. BenhamSupreme Court of Alabama · 1849
- Woodward v. WoodSupreme Court of Alabama · 1851
- Whitney v. M'KinneyNew York Court of Chancery · 1823
3 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Winsett v. WinsettSupreme Court of Alabama · 1919
- City of Mobile v. Gulf Development Co.Supreme Court of Alabama · 1965
- Baisden v. City of GreenvilleSupreme Court of Alabama · 1927
78 more not listed; retrieve them via the Exa API.