Doe ex dem Duval's heirs v. McLoskey
Supreme Court of Alabama
Writ of error to the Circuit Court of Mobile County. THIS vvas an action of ejectment brought by the plaintiffs in error, for the recovery of the possession of certain real estate, situate in the city of Mobile. On tlie trial, two bills of exceptions were taken to the ruling of the presiding judgp. The first bill embodies all the evidence of title offered, both by the plaintiffs and the defendant.
Read the full summary
Writ of error to the Circuit Court of Mobile County. THIS vvas an action of ejectment brought by the plaintiffs in error, for the recovery of the possession of certain real estate, situate in the city of Mobile. On tlie trial, two bills of exceptions were taken to the ruling of the presiding judgp. The first bill embodies all the evidence of title offered, both by the plaintiffs and the defendant. To sustain the case on their part, the plaintiffs offered and read a deed, from Beneto Caro to Daniel Duval, their ancestor, for the premises in controversy. They also proved, that Beneto Caro was…
1Opinion of the CourtCollier, C. J.
— 1. It is a general rule, that all persons whose interests are to be affected or concluded by the decree, ought to be made parties to a bill for the foreclosure of a mortgage. If they are not made parlies, the decree of foreclosure and sale does not bind them. (Story’s Eq. Pl. 177 ) So if the mortgagor, who is the owner of the fee, should die, his heir is an indispensable party to a bill to foreclose; so much so, that the cause cannot be proceeded in, until the bill is revived against him. (King v. Tullock, 2 Sim. Rep. 469; Story’s Eq. Plead. 180; Polk v. Clinton, 12 Ves. Rep. 48, 58;…
2Cases cited14 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
9 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Griffin v. ProctorSupreme Court of Alabama · 1943
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Cullum v. ErwinSupreme Court of Alabama · 1842
95 more not listed; retrieve them via the Exa API.