Wood v. Wood
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heax’d before the Hon. A. H. Alston. 'The bill in this case11 was filed by the appellee, M. A. Wood, against the appellant, Willis C.- Wood; and sought to have the defendant enjoined from the attempted foreclosure of a mortgage executed by the complainant, and others to the defendant, and to1 have it declared that the question of indebtedness vel non upon said mortgage had been adjudged by a court of competent jurisdiction ascertaining…
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Appeal from the Chancery Court of Pike. Heax’d before the Hon. A. H. Alston. 'The bill in this case11 was filed by the appellee, M. A. Wood, against the appellant, Willis C.- Wood; and sought to have the defendant enjoined from the attempted foreclosure of a mortgage executed by the complainant, and others to the defendant, and to1 have it declared that the question of indebtedness vel non upon said mortgage had been adjudged by a court of competent jurisdiction ascertaining that there was nothing due thereon, and that said mortgage be delivered up and cancelled. It was also further prayed in…
1Dissent
TYSON, J.,
dissenting. — I think it is entirely clear from the decree dismissing the former bill when, it is react in connection with thd pleadings in the cause and the opinion of tire chancellor, that- the dismissal was for a variance1 — a failure to1 prove the partnership; as alleged.
“It is elementary that if from the decree in a cause there be uncertainty as to what was really decided, resort may be had to- the pleadings and to the opinion of the court to throw light upon the subject.” — National Foundry & Pipe Works v. Oconto Water Supply Co., 183 U. S. 234.
The opinion of the chancellor…
2Cases cited7 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- National Foundry & Pipe Works v. Oconto Water Supply Co.Supreme Court of the United States · 1902
- Wood v. WoodSupreme Court of Alabama · 1898
- Hooker v. HubbardMassachusetts Supreme Judicial Court · 1869
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