Broughton v. Mitchell
Supreme Court of Alabama
Appeal from the Ghancery Court at Montgomery. Heard before tbe Hon. H. Austill. The original bill in this case was filed on the 27th May, 1874, by Lucco Mitchell and T. B. McCall, against John A. Broughton; and sought to subject a tract of land, of wbicb said Broughton was in possession, to tbe payment of tbe agreed purchase-money, according to the terms of a written contract between him and said T. B.McCall; and an amended bill was filed, after answer, making Mrs. Jane 0.…
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Appeal from the Ghancery Court at Montgomery. Heard before tbe Hon. H. Austill. The original bill in this case was filed on the 27th May, 1874, by Lucco Mitchell and T. B. McCall, against John A. Broughton; and sought to subject a tract of land, of wbicb said Broughton was in possession, to tbe payment of tbe agreed purchase-money, according to the terms of a written contract between him and said T. B.McCall; and an amended bill was filed, after answer, making Mrs. Jane 0. Boyden, who was tbe mother of said Lucco Mitchell and the widow of Hr. Lucco Mitchell, deceased, and who had a dower…
1Opinion of the CourtBeiceell, C. J.
Proceeding upon the general principle, that all persons materially interested, either legally or "beneficially, in the subject-matter of suit, must be made parties, either as plaintiffs or defendants, when, in a court of equity, the cause or subject of controversy is a legal chose in action which has been assigned, the assignor, if the legal title remains in him, or if the assignment is not absolute and unconditional, or if its extent or validity is disputed, must be made a party, that he may be bouud by the decree, and future litigation or a multiplicity of suits prevented. — 1 Dan. Ch. Pr.…
2Cases cited7 opinions
- Whitehurst v. BoydSupreme Court of Alabama · 1845
- Agee v. MedlockSupreme Court of Alabama · 1854
- McKleroy v. TulaneSupreme Court of Alabama · 1859
- Blevins v. BuckSupreme Court of Alabama · 1855
- Jones v. SommervilleSupreme Court of Alabama · 1835
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Miller v. ThompsonSupreme Court of Alabama · 1923
- Blackburn v. McLaughlinSupreme Court of Alabama · 1918
- Long v. AddixSupreme Court of Alabama · 1913
- First Nat. Bank v. BonnerSupreme Court of Alabama · 1943
26 more not listed; retrieve them via the Exa API.