Dunklin v. Harvey
Supreme Court of Alabama
Appeal from the Chancery Court of Bussell. Heard before the Hon. Bl B. MoCraw. The bill in this case was filed on the 2d June, 1873, by Michael W. Harvey, against John T. Dunklin individually, and as administrator of the estate of Henry C. Sills, deceased, George Beese, Mary S. Beese, his wife, and several other persons; and sought to vacate and set aside, on the ground of fraud, a decree in chancery rendered on the 21st November, 187Í, in a certain suit, then pending in…
Read the full summary
Appeal from the Chancery Court of Bussell. Heard before the Hon. Bl B. MoCraw. The bill in this case was filed on the 2d June, 1873, by Michael W. Harvey, against John T. Dunklin individually, and as administrator of the estate of Henry C. Sills, deceased, George Beese, Mary S. Beese, his wife, and several other persons; and sought to vacate and set aside, on the ground of fraud, a decree in chancery rendered on the 21st November, 187Í, in a certain suit, then pending in said court, wherein said John T. Dunklin, as the administrator of said Henry C. Sills, was the sole complainant, and said…
1Opinion of the CourtStone, J.
A decree, obtained without making those persons parties to the suit in which it is had, whose rights are affected thereby, is void as to those parties; and even a purchaser under it, having notice of the defect, is not protected by such a decree. — Story’s Eq. Pl. § 427. It is shown in the same author — section 426 — that the proper mode of impeaching a final decree for fraud, at the suit of a stranger, “is an original bill in the nature of a bill of review. There is no doubt of the jurisdiction of courts of equity to grant relief against a former decree, where the same has been obtained by…
2Cases cited6 opinions
- Ex parte SmithSupreme Court of Alabama · 1859
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Smyth v. OliverSupreme Court of Alabama · 1857
- Moore v. ClaySupreme Court of Alabama · 1845
- Hanrick v. ThompsonSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
- First Nat. Bank of Opp v. WiseSupreme Court of Alabama · 1937
- Lea v. Iron Belt Mercantile Co.Supreme Court of Alabama · 1906
- Quinn v. Hall, Jr.Supreme Court of Rhode Island · 1914
2 more not listed; retrieve them via the Exa API.