Griffin v. Doe ex dem. Stoddard
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. Ejectment by the defendants, against the plaintiff in error.- Upon the trial of the cause, as appears from a bill of exceptions, the plaintiffs, to show their right to sue, and in support of the issue, offered in evidence a decree, purporting to-be made by the chancellor of the Tuscaloosa district, on the 10th November, 1842, in the case of Reese, et al. v. James-McCown, and others, by which he appointed the plaintiffs, trustees, in…
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Error to the Circuit Court of Tuscaloosa. Ejectment by the defendants, against the plaintiff in error.- Upon the trial of the cause, as appears from a bill of exceptions, the plaintiffs, to show their right to sue, and in support of the issue, offered in evidence a decree, purporting to-be made by the chancellor of the Tuscaloosa district, on the 10th November, 1842, in the case of Reese, et al. v. James-McCown, and others, by which he appointed the plaintiffs, trustees, in the place of James McCown, to execute certain trust deeds described in the bill, and directing them, if necessary, to…
1Opinion of the CourtOrmond, J.
The admissibility of the decree, removing James McCown from his trusteeship, and appointing the plaintiffs in his stead, is resisted on two grounds, first, because the decree is interlocutory only, and secondly, because the defendant to this suit, is not a party to the .suit in chancery, in which the decree was made. Neither objection can prevail. This decree is to all intents final. It requires no further action of the court to give it validity, or sanction, but as it respects the appointment of the plaintiffs’ trustees, to recover the land, is final and conclusive.
*787Nor is it a matter of any…
2Cited by8 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Scales v. First State BankOregon Supreme Court · 1918
- McCall v. Doe ex dem. PryorSupreme Court of Alabama · 1850
- Alexander v. Handley, Reeves & Co.Supreme Court of Alabama · 1892
- Corprew v. ArthurSupreme Court of Alabama · 1849
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