Lang's Heirs v. Waring
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. J. W. Leseske. This bill was filed by Moses Waring, the appellee, against the heirs-at-law of Willis Lang, deceased, to obtain a divestiture of their legal title to a certain storehouse and lot in the city of Mobile, and to enjoin them from the further prosecution of an action at law to recover its possession.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. J. W. Leseske. This bill was filed by Moses Waring, the appellee, against the heirs-at-law of Willis Lang, deceased, to obtain a divestiture of their legal title to a certain storehouse and lot in the city of Mobile, and to enjoin them from the further prosecution of an action at law to recover its possession. The complainant alleges, that this lot was purchased by the firm of 'McRae & Lang (which was composed of said Willis Lang and one Colin C. McRae) with partnership funds, and for partnership purposes, and was held by them as…
1Opinion of the CourtChilton, C. J.
1. A bill between these same parties was dismissed by this court at a previous term (11 Ala. 145), but without prejudice as to any supposed right which the complainant might have acquired in virtue of his purchase from Messrs. Gayle & Phillips. The effect of- such reservation in the decree of dismissal is, to prevent such decree from constituting a bar to another bill brought upon the same title ; but it by no means compromits the court as a judicial determination in favor of such title. In so far as the former decision leaves the questions for discussion open, we must address ourselves to…
2Cases cited2 opinions
- Andrews' Heirs v. Brown's Adm'rSupreme Court of Alabama · 1852
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
3Cited by38 opinions
- Butts v. CooperSupreme Court of Alabama · 1907
- Ex Parte DunlapSupreme Court of Alabama · 1923
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Espy v. ComerSupreme Court of Alabama · 1884
- McCauley v. FultonCalifornia Supreme Court · 1872
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