Savery v. Spence
Supreme Court of Alabama
Error to the Court of Chancery of Talladega. Before the Hon. W. W. Mason, Chancellor. The bill was filed by the plaintiff in error. The bill, answers and proof, are sufficiently set forth in the opinion of the court.
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Error to the Court of Chancery of Talladega. Before the Hon. W. W. Mason, Chancellor. The bill was filed by the plaintiff in error. The bill, answers and proof, are sufficiently set forth in the opinion of the court. The chancellor dismissed the bill, which is the matter now assigned for error. 1. The interest of one partner may be sold under execution, but chancery has jurisdiction to settle the accounts of the partnership, as well before as after the sale. 1. Because it is necessary to prevent the sacrifice of property. 2. That purchasers may know what they are buying. 3. To protect the…
1Opinion of the CourtDargan, J.
The bill alledges, that the complainant, and Solomon Spence, became jointly, and equally interested, in the purchase of six slaves, Caroline and her five children. That Caroline, and four of the children, are in possession of complainant, and one of them in possession of Spence. That *563the bill of sale was executed in the name of Spence alone. That an execution at the suit of Walker, against Spence and others, has been levied on the slaves, as the property of Spence, and prays an injunction against the sale at law. That the slaves may be sold under the order of the court of chancery, and the…
2Cited by6 opinions
- Hutcheson v. KingCourt of Appeals of Texas · 1904
- Lewman & Co. v. Ogden Bros.Supreme Court of Alabama · 1904
- Kirksey v. FikeSupreme Court of Alabama · 1855
- Burr v. GregoryU.S. Circuit Court for the District of Southern New York · 1828
- Dilburn v. Youngblood & Co.Supreme Court of Alabama · 1888
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