Carlin v. Jones
Supreme Court of Alabama
Appear from the Chancery Court of Marengo. Heard before the Hon. A. W. Hillard. The bill in this case was filed on the 28th February, 1870, by Lewis C. Carlin, against Maria S. Jones and her husband, "William B. Jones; and sought a redemption of a certain tract of land, of which the defendants were in possession, with an account of the rents and profits.
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Appear from the Chancery Court of Marengo. Heard before the Hon. A. W. Hillard. The bill in this case was filed on the 28th February, 1870, by Lewis C. Carlin, against Maria S. Jones and her husband, "William B. Jones; and sought a redemption of a certain tract of land, of which the defendants were in possession, with an account of the rents and profits. The lands had belonged to H. F. Nettleton, who, on the 17th February, 1866, conveyed them by mortgage, containing a power of sale, to John H. Fowler, to secure a debt for $6,666.66, evidenced by two promissory notes, falling due on the 1st…
1Opinion of the Court
STONE, J. —
It is contended for appellee, that the bill of complainant — appellant here — contains no equity, and therefore we should refuse to consider his assignments of error, even if we find the chancellor erred to his prejudice. This precise question was presented in Bobe v. Stickney, 36 Ala. 482, and we then ruled adversely to the argument made here. No question on the sufficiency of the bill is, or can be, presented on this appeal, taken, as it is, by the complainant in the court below. We are satisfied with the reasons there given, and adhere to the decision then pronounced.
2. But, if…
2Cases cited8 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Bobe's Heirs v. StickneySupreme Court of Alabama · 1860
- Cain v. GimonSupreme Court of Alabama · 1860
- Cook v. ManciusNew York Court of Chancery · 1821
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Ex parte PrintupSupreme Court of Alabama · 1888
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Parmer v. ParmerSupreme Court of Alabama · 1883
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
13 more not listed; retrieve them via the Exa API.