Legal Opinion

Consumers Coal & Fuel Co. v. Yarbrough

Supreme Court of Alabama

Decided October 21, 1915PublishedCited by 20 opinions

Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Bill by the Consumers Coal & Fuel Company against H. F. Yarbrough, to restrain the foreclosure of a mortgage, and for cancellation or reformation of a contract to purchase a mining lease. From a decree dissolving the temporary injunction issued thereon, complainant appeals.

1Opinion of the Court

THOMAS, J. —

The decree of the court from which the appeal is taken dissolved the temporary injunction “for want of equity in the bill and upon the sworn denials contained in the answer.” Pending the appeal the appellant prayed for and secured a reinstatement of the injunction. The demurrer incorporated in the answer challenged the equity of the bill. The assignments of error present for review the finding of the court that “there was no equity in the bill” and the decree dissolved" the temporary injunction.

(1-3) The bill shows that the Cahaba Coal Company owned the coal in the lands, the…

2Cases cited44 opinions

  1. Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
  2. Wilks v. WilksSupreme Court of Alabama · 1912
  3. Barnett v. StantonSupreme Court of Alabama · 1841
  4. Hafer v. ColeSupreme Court of Alabama · 1912
  5. Hicks v. MeadowsSupreme Court of Alabama · 1915

39 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Nelson Realty Co. v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1957
  2. Snodgrass v. SnodgrassSupreme Court of Alabama · 1924
  3. Brown v. BellSupreme Court of Alabama · 1921
  4. Rice v. DavidsonSupreme Court of Alabama · 1921
  5. Stanard Tilton Milling Co. v. MixonSupreme Court of Alabama · 1942

15 more not listed; retrieve them via the Exa API.

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