Carter v. Ingraham
Supreme Court of Alabama
Appeal from Chancery Court of Lawrence. Heard before the Hon. S. K. McSpadden. Tbe facts of the case are fully stated in the opinion. 1. The original jurisdiction of equity is not impaired by statutory exactments, conferring jurisdiction on courts of law, unless these enactments contain prohibitory or restrictive words ; such enactments are held to confer concurrent remedies.— Waldron v. Simmons, 28 Ala. 629. 2. Tbe death of a defendant in a judgment before tbe sale of bis…
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Appeal from Chancery Court of Lawrence. Heard before the Hon. S. K. McSpadden. Tbe facts of the case are fully stated in the opinion. 1. The original jurisdiction of equity is not impaired by statutory exactments, conferring jurisdiction on courts of law, unless these enactments contain prohibitory or restrictive words ; such enactments are held to confer concurrent remedies.— Waldron v. Simmons, 28 Ala. 629. 2. Tbe death of a defendant in a judgment before tbe sale of bis lands under it, prevents a sale of bis lands after his death, under an execution issued upon the judgment, although tbe…
1Opinion of the Court
PECK, O. J.
This case originated in the chancery court of Lawrence county. The case appears to have been conducted, in that court, with great carelessness and irregularity, from the beginning to the end; and the transcript is miserably made up, with little or no regard as to the order of time when the different parts of the proceedings in the case were bad.
Tbe bill was filed by the appellee, Moses Ingraham, against the appellants, as the heirs at law of Joel W. J. Carter, deceased, the children and grand children of the said Joel W. J. Carter, ten in number, four of whom are infants under the…
2Cited by5 opinions
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- Herring v. RickettsSupreme Court of Alabama · 1893
- Brown v. WileySupreme Court of Georgia · 1899
- Cook v. RogersSupreme Court of Alabama · 1879