Caldwell v. King
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. * The original bill in this case was filed on the 15th December, 1883, by Mrs. Mary Ann King and her husband, Henry W. King, as judgment creditors of Josephine Martin, against the said Josephine Martin and one Thomas Conboy ; and sought to set aside, on the ground of fraud, a conveyance of a house and lot in the city of Mobile executed by the said Josephine to her co-defendant, and a discovery…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. * The original bill in this case was filed on the 15th December, 1883, by Mrs. Mary Ann King and her husband, Henry W. King, as judgment creditors of Josephine Martin, against the said Josephine Martin and one Thomas Conboy ; and sought to set aside, on the ground of fraud, a conveyance of a house and lot in the city of Mobile executed by the said Josephine to her co-defendant, and a discovery from the said Josephine of equitable assets belonging to her. The complainant’s judgment was rendered, after protracted…
1Opinion of the CourtOlopton, J.
— We can not concur with the chancellor, that the averments of the original bill, assailing the conveyance by Josephine Martin to Conboy for fraud in fact, were eliminated therefrom by the decree denying relief in this aspect of the bill, as effectually as if they had been struck out by amendment. A decree, of itself, can not operate to change or amend the pleadings. This must be done by the application of the party, and leave of the court. The court may suggest, or even direct, an amendment; but, in such case, it remains with the party to amend or not, as he may elect. It is beyond the power…
2Cases cited10 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- City of Eufaula v. McNabSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Dozier v. FarriorSupreme Court of Alabama · 1914
- Patterson v. SimsCourt of Appeals for the Fifth Circuit · 1960
- Fearn v. WardSupreme Court of Alabama · 1886
- Park v. LideSupreme Court of Alabama · 1890
21 more not listed; retrieve them via the Exa API.