First National Bank of Decatur v. Pullen
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. ‘Simpson. The bill in this case was filed on October 25, 1899, by the appellee, J. I). Pullen, as surviving partner and as a creditor of H. S. Freeman, deceased, against W. H. Oldacre, as administrator of the estate of H. S. Freeman, deceased, R. E. Freeman, the widow of H. ’S. Freeman, and Olive Oldacre, the daughter of H. S. Freeman, and ugainst the First National Bank of Decatur.
Read the full summary
Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. ‘Simpson. The bill in this case was filed on October 25, 1899, by the appellee, J. I). Pullen, as surviving partner and as a creditor of H. S. Freeman, deceased, against W. H. Oldacre, as administrator of the estate of H. S. Freeman, deceased, R. E. Freeman, the widow of H. ’S. Freeman, and Olive Oldacre, the daughter of H. S. Freeman, and ugainst the First National Bank of Decatur. It was averred in the bill that the complainant, as surviving partner of the firm of J. D. Childers & Co. was a creditor of H. S. Freeman,…
1Opinion of the Court
McCLELLAN, O., J.
Judgments and decrees of courts are binding only upon parties thereto and their privies (except of course judgments, strictly in rem which conclude all interest in the subject-matter, the thing against which it is rendered). Strangers are not bound by them, and may attack them collaterally whenever they are interposed to affect their rights. But it does not 'follow that strangers may not in any case attack them by a direct proceeding seeking their annulment. To the contrary, it appears to be well established law that whenever the existence of a judgment or the uses of which…
2Cases cited6 opinions
- Lee v. LeeSupreme Court of Alabama · 1876
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Alabama National Bank v. Mary Lee Coal & Railway Co.Supreme Court of Alabama · 1895
- Alabama Iron & Steel Co. v. McKeeverSupreme Court of Alabama · 1895
- Dunklin v. HarveySupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ex Parte Employers Mut. Cas. Co., Inc.Supreme Court of Alabama · 2002
- Harris v. HarrisSupreme Court of Alabama · 1922
- Sims v. Mobile, J. & K. C. R. R.Supreme Court of Alabama · 1908