Legal Opinion

Lipscomb v. McClellan

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 20 opinions

Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. GrahaM. The original bill in this case was filed on the 12th January, 1878, by Thomas J. McClellan, as a judgment creditor of Mrs. Sarah Lipscomb, deceased, or her estate, against John T. Lipscomb as her administrator, and also individually, and against the children and heirs-at-law of Mrs. Caroline W. Lipscomb, deceased, who was the wife of said John T. and-the daughter-in-law of the said Sarah; and…

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Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. GrahaM. The original bill in this case was filed on the 12th January, 1878, by Thomas J. McClellan, as a judgment creditor of Mrs. Sarah Lipscomb, deceased, or her estate, against John T. Lipscomb as her administrator, and also individually, and against the children and heirs-at-law of Mrs. Caroline W. Lipscomb, deceased, who was the wife of said John T. and-the daughter-in-law of the said Sarah; and sought to set aside, on the ground of fraud, and as a cloud on the complainant’s title, a conveyance of lands executed by…

1Opinion of the CourtStone, J.

The transcript in this cause was evidently prepared by an inexperienced hand. One error in its preparation consists in the fact, that the answer to the first amended bill precedes the answer in chief to the original bill. Other criticisms might be indulged, on the general frame of the transcript. Another fault does not appear to lie at the door of the register. What is known as the attachment suit and proceedings against Sarah Lipscomb, even including the opinion of this court pronounced on appeal, is made an exliibit to the original bill, with the single exception, that the complaint filed…

2Cases cited10 opinions

  1. Crawford v. KirkseySupreme Court of Alabama · 1876
  2. Hubbard v. AllenSupreme Court of Alabama · 1877
  3. Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
  4. Flewellen v. CraneSupreme Court of Alabama · 1877
  5. Harrell v. MitchellSupreme Court of Alabama · 1878

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3Cited by20 opinions

  1. Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
  2. Leonhard v. FloodSupreme Court of Arkansas · 1900
  3. Doe ex dem. Hooper v. ClaytonSupreme Court of Alabama · 1886
  4. Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
  5. Allen v. RiddleSupreme Court of Alabama · 1904

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