Braune v. McGee
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Dillard. This case is reported in 46 Ala. 170, under the name df Brame v. McGree Wife.
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Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Dillard. This case is reported in 46 Ala. 170, under the name df Brame v. McGree Wife. The bill was filed by Charles H. Braune, the appellant, against James McGee, Josephine A. McGee, his wife, and Foster M. Kirksey, the trustee of Mrs. McGee ; and sought to subject certain property, in the hands of said Kirksey as trustee, to the payment of a note or due bill for |57, executed by Mrs. McGee, dated and due on the 1st January, 1867. The property was held by said Kirksey under a deed, a copy of which was made an exhibit to…
1Opinion of the CourtPeters, C. J.
This cause was here on appeal, and reversed and remanded, at the June term, 1871; but this does not forbid a second appeal from a decree rendered in the case since the reversal, nor does it confine this court to the decision rendered on the former hearing. Although the law was once otherwise, it is now required that, “ The supreme court, in deciding each case, where there is a conflict between its existing opinion and any former ruling in the case, must be governed by *362what, in its opinion at that time, is the law, without regard to such former ruling of the law by it.” Rev. Code, §§ 666, 3510.
2Cases cited15 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Drake v. GloverSupreme Court of Alabama · 1857
- Roper v. RoperSupreme Court of Alabama · 1856
- Ozley v. IkelheimerSupreme Court of Alabama · 1855
- Wilkinson v. CheathamSupreme Court of Alabama · 1871
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