Allen v. Intendant & Councilmen of LaFayette
Supreme Court of Alabama
Appeal from tbe Chancery Court of Chambers. Heard before the Hon. S. K. McSpadden. ' The bill in this case was filed on the 21st December, 1889, by David G-. Allen and others, citizens, tax-payers, and property-owners in the town of LaFayette in said county, against the corporate authorities of the town and Mrs. S. A. Frederick; and sought to enjoin and restrain said corporate authorities from paying two warrants which they had drawn, in favor of Mrs. Frederick, and which…
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Appeal from tbe Chancery Court of Chambers. Heard before the Hon. S. K. McSpadden. ' The bill in this case was filed on the 21st December, 1889, by David G-. Allen and others, citizens, tax-payers, and property-owners in the town of LaFayette in said county, against the corporate authorities of the town and Mrs. S. A. Frederick; and sought to enjoin and restrain said corporate authorities from paying two warrants which they had drawn, in favor of Mrs. Frederick, and which were given for money borrowed from her by them. The chancellor refused to dismiss the bill for want of equity, but…
1Opinion of the CourtMoCLELLAN, J.
The Intendant and Councilmen of the town of LaFayette, on or soon after March 18, 1889, purchased from one Schuessler a brick college building and grounds, situate in LaFayette, and took a quit-claim deed to the property to themselves, the said intendant and councilmen. Only a small part of the purchase-money was paid out of the funds of the town, and the balance, about f1,300, was borrowed from Mrs. S. A. Frederick by the town authorities, and paid to Schuessler. For the repayment of this loan, warrants were regularly drawn against the treasury of the town, for the sums of $659.40, payable…
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