Junkins v. Lovelace
Supreme Court of Alabama
Appeal from the Chancery Court of Perry. Heard, before the Hon. Thomas Cobbs. The bill in this case was filed, at what time the record does not show, by George Junkins, against Jesse B. and Charles W. Lovelace, as partners doing business under the firm name of J. B. & O. W. Lovelace, who were the successors in business of Crenshaw, Lovelace & Co.; and sought, 1st, a redemption and account under a mortgage executed to said partnership by the complainant’s deceased brother,…
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Appeal from the Chancery Court of Perry. Heard, before the Hon. Thomas Cobbs. The bill in this case was filed, at what time the record does not show, by George Junkins, against Jesse B. and Charles W. Lovelace, as partners doing business under the firm name of J. B. & O. W. Lovelace, who were the successors in business of Crenshaw, Lovelace & Co.; and sought, 1st, a redemption and account under a mortgage executed to said partnership by the complainant’s deceased brother, James Junkins, on a tract of land which he had also mortgaged to the complainant, who claimed the right to redeem as a…
1Opinion of the CourtStone, J.
This bill is filed in rather a mixed aspect, partaking somewhat of the nature of a bill for specific performance, and somewhat of the nature of a bill to redeem. It seeks relief as to two distinct subjects-matter, between which it shows no connection whatever. As to one of the subjects, the two Lovelaces are the only necessary defendants. As to the other, in the present state of the proof, if not of the pleadings, the heirs and devisees of James Junkins were necessary parties. The demurrer for multifariousness should have been sustained. *308Story’s Eq. PL §271; 1 Brick. Dig. 719-20, §§1158,1170.…
2Cases cited4 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Marriott v. GivensSupreme Court of Alabama · 1845
- Branch of the Bank of Alabama v. HuntSupreme Court of Alabama · 1846
3Cited by14 opinions
- O'Dell v. StateSupreme Court of Alabama · 1959
- Birmingham Bar Ass'n v. Phillips & MarshSupreme Court of Alabama · 1940
- Thompson v. New South Coal Co.Supreme Court of Alabama · 1902
- Thompson v. SuttleSupreme Court of Alabama · 1943
- Willard v. SturkieSupreme Court of Alabama · 1925
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