Harrison v. Yerby
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 9th November, 1888, by J. Stephen Yerby, against J. C. Harrison, Geo.
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Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 9th November, 1888, by J. Stephen Yerby, against J. C. Harrison, Geo. F. Lupton, and J. O. Prude; and sought (1) to enjoin a threatened sale, under a power in a mortgage, of certain lots of land, which the complainant had bought from said Harrison, who was the agent of said Lupton; (2) to have the mortgage cancelled, as to the lots, as a deed on the complainant’s title; and (3) to enjoin said Prude from enforcing the collection of a note given for a part of the…
1Opinion of the CourtSomerville, J.
The motion made before the chancellor was to dissolve the injunction, on the denial of the facts constituting the equity of the bill, as contained in the answer of the respondent. This motion was overruled, and from this ruling the present appeal was taken.
The denials contained in the answer are not so full and complete as we might desire. But, considering that they are sufficiently so, the rule is not imperative, that the injunction shall in all such cases be dissolved, The court is invested with a wide latitude of discretion in acting on such cases. It will especially weigh the relative…
2Cases cited5 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Bibb v. ShackelfordSupreme Court of Alabama · 1863
- Collier v. FalkSupreme Court of Alabama · 1878
3Cited by14 opinions
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- Woodstock Operating Corporation v. QuinnSupreme Court of Alabama · 1918
- First Nat. Bank of Birmingham v. FormanSupreme Court of Alabama · 1935
- Long v. ShepherdSupreme Court of Alabama · 1909
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