Kimbrell v. Rogers
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 26th March, 1887, by "William D. Rogers against Roland Kimbrell and his wile, Mrs. Sallie Kimbrell; and against Edward B. Rentz, Richard E. Rentz, and Mrs. Alice McGehee, a married woman, who were the children of Mrs. Kimbrell bjr a former husband; and sought to foreclose a mortgage which said Kimbrell and wife had executed to the complainant.
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Appeal from the Chancery Court of Marengo. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 26th March, 1887, by "William D. Rogers against Roland Kimbrell and his wile, Mrs. Sallie Kimbrell; and against Edward B. Rentz, Richard E. Rentz, and Mrs. Alice McGehee, a married woman, who were the children of Mrs. Kimbrell bjr a former husband; and sought to foreclose a mortgage which said Kimbrell and wife had executed to the complainant. The mortgage was dated August 7th, 1883, and purported to secure an indebtedness of' said Kimbrell and wife to Rogers, evidenced by…
1Opinion of the CourtMcCLELLAN, J.
The decree appealed from was rendered on the 28th day of March, 1888. The respondents below prayed the appeal, and executed security lor the costs thereof, on the 28th day of March, 1889. The undertaking to secure costs was approved and filed in the office of the register on that day. The citation of appeal was not issued, however,' until the following day, March 29th, 1889; and not served until April 2d, 1889. Upon this state of facts, it is insisted that the appeal was not taken within a year from the rendition of the decree, is consequently barred by the statute, and that axDpellee’s…
2Cases cited13 opinions
- Garner v. PrewittSupreme Court of Alabama · 1858
- Marshall v. MarshallSupreme Court of Alabama · 1888
- Moore v. SpierSupreme Court of Alabama · 1885
- Walker v. CrawfordSupreme Court of Alabama · 1881
- Reeves v. BrooksSupreme Court of Alabama · 1885
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3Cited by54 opinions
- Campbell v. StateSupreme Court of Alabama · 1913
- Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
- Jacobs v. Goodwater Graphite Co.Supreme Court of Alabama · 1920
- Chavers v. MayoSupreme Court of Alabama · 1918
- Pfingstl v. SolomonSupreme Court of Alabama · 1940
49 more not listed; retrieve them via the Exa API.