Vary v. Thompson
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. O. Nesmiti-i. Bill by W. A. Thompson against John Vary, seeking to review and annul the decree in a former suit between the same parties. Decree for complainants and respondents appeal.
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Appeal from Birmingham City Court. Heard before Hon. C. O. Nesmiti-i. Bill by W. A. Thompson against John Vary, seeking to review and annul the decree in a former suit between the same parties. Decree for complainants and respondents appeal. The case presented by the bill does not authorize and does not state good grounds for a review. — McCall v. McCurdy, 69 Ala. 65; Tankersly v. Pettis, 61 Ala. 354; McDougal v. Dougherty, 39 Ala. 407. McMillan is the only one that can complain for a failure to join him as a party. — Pate v. Hinson, 16 South. 527; Teel v. Chancellor, 23 South. 651; Rensforcl…
1Opinion of the CourtMcCLELLAN, J.
In consequence of a bill originally filed by V:ary against Thompson and others certain real estate in Jefferson county was decreed to be sold for division of the proceeds between Vary and Thompson, the then adjudged joint owners thereof. Thompson, complainant in the present bill of review assailing the mentioned decree, appeared in the original cause, and filed his demurrer to that bill, which demurrer was overruled. The decree overruling his demurrer granted Thompson 80 days in which to answer the bill. After the expiration of that period, as appears from the order of the court of date June…
2Cases cited5 opinions
- McCall v. McCurdySupreme Court of Alabama · 1881
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Enslen v. AllenSupreme Court of Alabama · 1909
- Tankersly v. PettisSupreme Court of Alabama · 1878
- Jordan v. HardieSupreme Court of Alabama · 1901
3Cited by13 opinions
- Turner v. TurnerSupreme Court of Alabama · 1915
- Brown v. Kingsberry Mortg. Co.Supreme Court of Alabama · 1977
- Stuart v. StricklandSupreme Court of Alabama · 1919
- Zaner v. ThrowerSupreme Court of Alabama · 1919
- Anderson v. AndersonSupreme Court of Alabama · 1948
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