Coles v. Allen, Freer & Illges
Supreme Court of Alabama
Appeal from tbe Chancery Court of Russell. Heard before tbe Hon. N. S. Graham. The bill in this case was filed on the 31st December, 1872, by tbe persons composing tbe firm of Allen, Preer & Illges, a mercantile partnership doing business in Columbus, Georgia, against George D. Connor, Mrs. Eugenia Coles and her husband, and others; and sought to obtain the confirmation of a sale of certain lands, under a power contained in a mortgage executed to the complainants by said…
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Appeal from tbe Chancery Court of Russell. Heard before tbe Hon. N. S. Graham. The bill in this case was filed on the 31st December, 1872, by tbe persons composing tbe firm of Allen, Preer & Illges, a mercantile partnership doing business in Columbus, Georgia, against George D. Connor, Mrs. Eugenia Coles and her husband, and others; and sought to obtain the confirmation of a sale of certain lands, under a power contained in a mortgage executed to the complainants by said Connor, at which they indirectly became the purchasers, and to perpetually enjoin proceedings under a decree which Mrs.…
1Opinion of the CourtBbickell, C. J.
The purpose of the bill is a confirmation of the title the mortgagees acquired indirectly, through the purchase made by Mitchell, at the sale under the power in the mortgage executed by Connor; and to remove the cloud cast upon the title, by the decree obtained by Mrs. Coles against Connor, subsequent to the execution of the mortgage. It is only as between parties and privies that a judgment or decree is final and conclusive of the matters in controversy, or, collaterally, evidence of the facts upon which it may be founded. Bes inter alios acta alteri nocere non debet, is an inflexible maxim…
2Cases cited4 opinions
- McLemore v. NuckollsSupreme Court of Alabama · 1861
- Botsford v. BurrNew York Court of Chancery · 1817
- Branch Bank at Montgomery v. HodgesSupreme Court of Alabama · 1847
- Spencer v. GodwinSupreme Court of Alabama · 1857
3Cited by24 opinions
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Patton v. DardenSupreme Court of Alabama · 1933
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Elwell v. New England Mortgage Security Co.Supreme Court of Georgia · 1897
- Mitchell v. AustinSupreme Court of Alabama · 1957
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