Hutchinson v. Dearing
Supreme Court of Alabama
Error to tbe Circuit Court of Dallas. Tried before tbe Hon. E. Pickens. This was an action of assumpsit brought by Dearing against Hutchinson, to recover for tbe services of certain slaves.
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Error to tbe Circuit Court of Dallas. Tried before tbe Hon. E. Pickens. This was an action of assumpsit brought by Dearing against Hutchinson, to recover for tbe services of certain slaves. Upon tbe trial it appeared, that tbe slaves originally belonged to James Jackson of tbe State of Georgia, but tbe slaves were on a plantation in tbe county of Lawrence in tbe State of Alabama; and tbe said Jackson, being indebted to tbe said Dearing, in tbe sum of $11,036 rsv\, did on tbe 24th day of October, 1840, execute to him a mortgage on tbe said slaves, with others, to secure tbe payment of said…
1Opinion of the CourtDaegan, C. J.
All persons who are parties or privies to a decree, rendered by a Court’ of Chancery, are bound by *802it. Perkins’ Ed. of Daniel’s Ck. Prac. vol. 2, 1210, note; and of course are concluded as to every fact necessary to be ascertained, before tbe final decree is rendered. It follows from this rule, that the account taken before the register in the chancery suit, is binding on Hutchinson; he was a party to the bill of foreclosure, and it was certainly necessary in that suit to ascertain the mortgage debt. This was done in the proper manner, and the amount that was thus ascertained, is conclusive…
2Cases cited3 opinions
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3Cited by12 opinions
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- Tankersly v. PettisSupreme Court of Alabama · 1881
- McCall v. JonesSupreme Court of Alabama · 1882
- Crowder v. Red Mountain Mining Co.Supreme Court of Alabama · 1899
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