Morris v. Marshall
Supreme Court of Alabama
Appeal from Monroe Law and Equity Court. Heard before Hon. C. J. Torrey, Special Judge. Bill by A. E. Morris and another against Isaac W. Marshall for review to revise the decree rendered by the chancery court in favor of said Marshall. From a decree sustaining demurrer to the bill, complainants appeal.
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Appeal from Monroe Law and Equity Court. Heard before Hon. C. J. Torrey, Special Judge. Bill by A. E. Morris and another against Isaac W. Marshall for review to revise the decree rendered by the chancery court in favor of said Marshall. From a decree sustaining demurrer to the bill, complainants appeal. While a bill of review is not available in lieu of an appeal or writ of error, it is available to correct errors apparent on the record. — Vary v. Thompson, 166 Ala. 1; Tcmhersley v. Pettis, 61 Ala. 354. To determine whether or not there are errors apparent on the record the court may look to…
1Opinion of the CourtSomerville, J.
The appellants seek by bill of review to revise a decree rendered by the chancery court in favor of the appellee. Appellee’s original bill prayed for the specific performance of an alleged oral agreement by which appellants, husband and wife, sold to appellee two certain tracts of land, belonging to the wife, for the sum of $1,500. This agreement was partly executed by the payment of $1,000 of the purchase money, the execution of a deed to part of the land, and the surrender by appellants to appellee of possession of all of the land; and upon the payment of the remaining $500 at the end of a…
2Cases cited6 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Wife v. DarginSupreme Court of Alabama · 1880
- Rooney v. Michael & LyonsSupreme Court of Alabama · 1887
- Knox v. Childersburg Land Co.Supreme Court of Alabama · 1888
- Smyth v. FitzsimmonsSupreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Obermark v. ClarkSupreme Court of Alabama · 1927
- Jones v. HendersonSupreme Court of Alabama · 1934
- Irwin v. ShoemakerSupreme Court of Alabama · 1920
- Wood v. LettSupreme Court of Alabama · 1916
- Rochelle v. RochelleSupreme Court of Alabama · 1939
3 more not listed; retrieve them via the Exa API.