Lucas v. Oliver
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. James B. ClaRK. The bill in this case was filed, on tbe 18th December, 1852, by Joseph S. Oliver and others, children and heirs-at-law of "Whiting Oliver, deceased, against Henry Lucas and James H. Judkins. Its object was to set aside a mortgage sale of a tract of land, and let in the complainants to redeem.
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Appeal from the Chancery Court of Macon. Heard before the Hon. James B. ClaRK. The bill in this case was filed, on tbe 18th December, 1852, by Joseph S. Oliver and others, children and heirs-at-law of "Whiting Oliver, deceased, against Henry Lucas and James H. Judkins. Its object was to set aside a mortgage sale of a tract of land, and let in the complainants to redeem. The mortgage was executed by said Whiting Oliver, on the 11th September, 1848, to secure said Henry Lucas against his accommodation acceptance of a bill of exchange for $2,161, drawn by said Oliver on the 12th June, 1848, and…
1Opinion of the CourtStone, J.
It is objected for appellants, that the averments of the bill in this case are not sufficient. The authorities cited in support of this position are, Jones v. Cowles, 26 Ala. 614; Charles v. Dubose, 29 Ala. 367, and Read v. Walker, 18 Ala. 332. The language of the bill, in Jones v. Cowles, was, “Your orator further saith, that he is advised and believes that, before the said contract of purchase was consummated, the said Thomas M. Cowles,” &c. This was not an averment of any matter as a fact, but only that the complainant had received certain advice or information, and believed that…
2Cases cited7 opinions
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Read v. WalkerSupreme Court of Alabama · 1850
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Charles v. DuboseSupreme Court of Alabama · 1856
- Jones v. CowlesSupreme Court of Alabama · 1855
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3Cited by23 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Ewing v. DuncanTexas Supreme Court · 1891
- Coryell v. KlehmIllinois Supreme Court · 1895
- Supply Ditch Co. v. ElliottSupreme Court of Colorado · 1887
18 more not listed; retrieve them via the Exa API.