Birmingham Realty Co. v. Barron
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bilí of review by Richard Barron and others against the Birmingham Realty Company and. others. Decree' for complainants. Defendants appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bilí of review by Richard Barron and others against the Birmingham Realty Company and. others. Decree' for complainants. Defendants appeal. It is well settled in this state that on a bill of review for error apparent the court can look.to the pleadings as well as to the decree but not to the proof. — McDougal v, Dougherty, 39 Ala. 407;' 24 Ala. 15; Bank v. Dundas, 10 Ala. 661. Mere errors of form or irregularities in proceeding -will not support a bill of review. There must be error of substance resulting in injury to the…
1Opinion of the Court
.DENSON, J
Richard, Barron and others, on .February, 20,. 19Q5,. haying obtained- leave.,on their application filed Jpne 24, 1904,. filed their hill of review.in the chancery court of jgfferson county to review and reverse, the. decree,-in a. suit .brought .in-said court March 26, 1.901, by. the. Birmingham Realty .Company against, dames' M.. Kennplly. and .others, as the heirs at law and next, of kin of. E. H. Barron, deceased, to enforce a vendor’s lien, for the purchase price of real estate in the city of Birmingham,,in,which suit a final decree was rendered in favor of the complainant in…
2Cases cited6 opinions
- McCall v. McCurdySupreme Court of Alabama · 1881
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Tankersly v. PettisSupreme Court of Alabama · 1878
- Ashford v. PattonSupreme Court of Alabama · 1881
- McGowan v. Branch Bank at MobileSupreme Court of Alabama · 1845
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3Cited by4 opinions
- Anthony v. AnthonySupreme Court of Alabama · 1930
- Watters v. WattersSupreme Court of Alabama · 1924
- Parker v. CowanSupreme Court of Alabama · 1925
- Swoope v. DarrowSupreme Court of Alabama · 1939