Pearce v. Jennings
Supreme Court of Alabama
Appeal from the City Court- of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 24th September, 1891, by Thomas W. Jennings, as a creditor of Henry Pearce, against said Henry Pearce, his brother, Hollis Pearce, and C. IT. Chandler; and sought relief as hereinafter stated.
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Appeal from the City Court- of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 24th September, 1891, by Thomas W. Jennings, as a creditor of Henry Pearce, against said Henry Pearce, his brother, Hollis Pearce, and C. IT. Chandler; and sought relief as hereinafter stated. According to the allegations of the bill, Henry Pearce was a railroad contractor, owning a large number of mules, carts and wagons,, plows and other .things used in constructing a'railroad, and while engaged on the road of the Mobile & Girard Railroad Company became…
1Opinion of the CourtClopton, J.
— -We will not undertake to decide, whether the bill shows that complainant has such interest in, title to, or incumbrance on the property in controversy, as is essential under section 3414 of the Code to give courts of chancery jurisdiction of non-residents, when the object of the suit concerns personal property in this State. The bill shows, not only that a material defendant resides, and that the property which complainant seeks to reach is, in this State, but also that the non-resident defendant, who asserts an adverse claim, was found here, and personally served with process. This is…
2Cases cited3 opinions
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