Moses Bros. v. Noble's Adm'r
Supreme Court of Alabama
Bill in Equity to open Judgment, and for Account and ' Redemption under Mortgage. Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 2d January, 1882, by Mrs. Lucy B. Noble, wife of Edward F. Noble and daughter of Ben. H. Micou, against Moses Brothers, a partnership engaged in business in Montgomery, and on complainant’s death pending the suit, it was revived in the name of her administrator.
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Bill in Equity to open Judgment, and for Account and ' Redemption under Mortgage. Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 2d January, 1882, by Mrs. Lucy B. Noble, wife of Edward F. Noble and daughter of Ben. H. Micou, against Moses Brothers, a partnership engaged in business in Montgomery, and on complainant’s death pending the suit, it was revived in the name of her administrator. The bill sought equitable relief, on allegations of undue influence, fraud, usury, &c., against a judgment for over $13,000, which…
1Opinion of the CourtMcCLELLAN, J.
__This is the fourth appeal in this case. The opinions of the court on the two last appeals (81 Ala. 530, and 86 Ala. 407), taking a different view from that entertained when the case was first here (74 Ala. 604), established *595the right of complainant’s intestate to relief, and substantially settled the principles which should obtain in measuring and administering the relief appropriate to the facts averred and proved. The controlling principle thus established was that which impressed upon Lucy B. Micou, complainant’s intestate, the status, clothed her with the rights, and fixed upon her the…
2Cases cited6 opinions
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Noble v. Moses Bros.Supreme Court of Alabama · 1883
- Park v. LideSupreme Court of Alabama · 1890
- Sandford v. OchtalomiSupreme Court of Alabama · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kolsky v. LovemanSupreme Court of Alabama · 1892