Walthall's Ex'rs v. Rives, Battle & Co.
Supreme Court of Alabama
Appeal from tbe Chancery Court of Perry. Heard before tbe Hon. James B. Claek. The bill in tins ease wras filed by Hives, Battle & Co., commission-merchants iu Mobile, against Richard B. "Walthall and Thomas H. Hill; and sought to have a mortgage, executed by said Hill to bis co-defendant, declared fraudulent and void as to complainants, or foreclosed for their benefit.
Read the full summary
Appeal from tbe Chancery Court of Perry. Heard before tbe Hon. James B. Claek. The bill in tins ease wras filed by Hives, Battle & Co., commission-merchants iu Mobile, against Richard B. "Walthall and Thomas H. Hill; and sought to have a mortgage, executed by said Hill to bis co-defendant, declared fraudulent and void as to complainants, or foreclosed for their benefit. The complainants obtained two judgments against said Hill, one ou the 2d, and the other on the 24th February, 1846, on which executions were issued and returned “no property found;” but, in describing these judgments, the bill…
1Opinion of the CourtA. J. Walkeb, C. J.
The complainants’ bill contained no equity, unless they were creditors of the defendant, Thomas H. Hill. In the absence of that fact, they have no ground whatever upon which to come into court. The bill does not aver that fact, and is, therefore, wanting in equity. This defect was available on the hearing, as are all defects which affect the equity of the bill. Because the bill was .thus wanting in equity, the decree of the chancellor in favor of the complainants was erroneous, and must be reversed.
*95Anxious to abridge, as far as we can, the litigation in this case, we proceed to consider the…
2Cases cited11 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Dargan v. WaringSupreme Court of Alabama · 1847
- Randolph v. CarltonSupreme Court of Alabama · 1845
- Chambers v. MauldinSupreme Court of Alabama · 1842
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Waterson v. DevoeSupreme Court of Kansas · 1877
- Jones v. BlackSupreme Court of Oklahoma · 1907
- Rives, Battle & Co. v. Walthall's Ex'rsSupreme Court of Alabama · 1862
- Young v. DumasSupreme Court of Alabama · 1863
- England & Lee v. Reynolds, Devoe & Co.Supreme Court of Alabama · 1862
9 more not listed; retrieve them via the Exa API.