Gannard v. Eslava
Supreme Court of Alabama
ERROR to the Chancery Court of Mobile. Tried before the Hon. J. W. Lesesne. This bill was filed by Miguel D. Eslava, Joseph Bogerean and James Johnston, against "Victor Gannard, Susannah Gan-nard, his wife, Octavia Gannard and Tuskena Garnard, (their children,) and the Merchants’ Insurance Company of Mobile.
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ERROR to the Chancery Court of Mobile. Tried before the Hon. J. W. Lesesne. This bill was filed by Miguel D. Eslava, Joseph Bogerean and James Johnston, against "Victor Gannard, Susannah Gan-nard, his wife, Octavia Gannard and Tuskena Garnard, (their children,) and the Merchants’ Insurance Company of Mobile. It alleges, that said "V ictor Gannard and wife sold a certain lot, situated in the city of Mobile, to complainant Eslava, by deed dated October 3, 1835, containing general covenants of warranty; that Eslava sold part of this lot to one Schuyler, by deed with warranty dated January 21,…
1Opinion of the CourtPhelan, J.
It is objected to tbe decree in tbis case, tbat Octavia Gannard and Tuskena Gannard, wbo were nonresident minors, were not properly before tbe court; and tbe ground relied upon to sustain tbe objection is, tbat it does not appear, tbat in tbe publication wbicb was made, there was any abstract of tbe contents of tbe bill, pursuant to Rule 17, Olay’s Dig. 614, and tbe statute of 1845, Acts, p. 18.
Tbe insufficiency of tbe brief of tbe bill, wbicb tbe rule requires to accompany tbe order of publication, or even its entire omission, cannot be urged for tbe first time in this court. McGowan v.…
2Cases cited7 opinions
- Jackson ex dem. Van Buren v. MyersNew York Supreme Court · 1821
- Foote v. CobbSupreme Court of Alabama · 1851
- Brown v. BatesSupreme Court of Alabama · 1846
- Miller v. ThompsonSupreme Court of Alabama · 1836
- Baker v. Heirs of ChastangSupreme Court of Alabama · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Hyman v. Porter (In Re Porter)United States Bankruptcy Court, E.D. Virginia · 1984
- Keel v. LarkinSupreme Court of Alabama · 1882
- Bibb v. FreemanSupreme Court of Alabama · 1877
- McCrory v. DonaldSupreme Court of Alabama · 1915
21 more not listed; retrieve them via the Exa API.