Allen v. Allen
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before the Hon. Tiros. Cobbs. This appeal is prosecuted by Josiah Allen, executor of Robert Allen, deceased, from the refusal of the chancellor to entertain a motion made by appellant to set aside and annul the sale of certain real estate, under execution against appellant personally, a previous execution against him in his representative capacity having been returned unsatisfied.
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Appeal from Jefferson Chancery Court. Heard before the Hon. Tiros. Cobbs. This appeal is prosecuted by Josiah Allen, executor of Robert Allen, deceased, from the refusal of the chancellor to entertain a motion made by appellant to set aside and annul the sale of certain real estate, under execution against appellant personally, a previous execution against him in his representative capacity having been returned unsatisfied. The final decree against the said Josiah Allen, executor, was rendered on the 16th day of July, 1881, and execution issued on the 1st of the following September, being…
1Opinion of the Court
SOMERVILLE; J.
The chancellor very clearly erred in dismissing the motiou made by the appellant to set aside the sale of the lands in controversy, upon the theory that the appeal pending in this court deprived him of 'all jurisdiction of the matter. We do not doubt that, when a decree has been rendered by a court of equity, and an appeal has been prosecuted to this court from such decree, a chancellor would no longer have such jurisdiction of the cause as would enable him to render any further decree affecting the rights and equities of the parties in the same cause- during the pendency of the…
2Cases cited3 opinions
- Humphreys v. BurlesonSupreme Court of Alabama · 1882
- Planters' & Merchants' Mutual Insurance v. Selma Savings BankSupreme Court of Alabama · 1879
- Holly v. Bass' Adm'rSupreme Court of Alabama · 1880
3Cited by27 opinions
- State ex rel. City of Terre Haute v. KolsemIndiana Supreme Court · 1891
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Osborn v. RileySupreme Court of Alabama · 1976
- Kinney v. WhiteSupreme Court of Alabama · 1926
- McLaughlin v. BeyerSupreme Court of Alabama · 1913
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