McKinley v. Irvine
Supreme Court of Alabama
Errror from the 28th Chancery District. Before the Hon. D. G. Ligón, Chancellor. The bill was filed by the plaintiff in error. The facts, as shown by the bill* answers, and proof, so far as they are material to the points decided by the court, may be thus briefly stated.
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Errror from the 28th Chancery District. Before the Hon. D. G. Ligón, Chancellor. The bill was filed by the plaintiff in error. The facts, as shown by the bill* answers, and proof, so far as they are material to the points decided by the court, may be thus briefly stated. In March, 1818, a company was formed, composed of many individuals, called the Cypress Land Company, who purchased lands at the public sales, for the purpose of laying out the town of Florence, establishing ferries, &c. On the 12th March, 1818, the company appointed seven persons trustees, for the management [and disposal of…
1Opinion of the CourtChilton, J.
1. We think the writ of error should not be dismissed. The decree directs the value of the shares to be paid to the complainant, which value is to be ascertained by rules which it prescribes. The amount in the complainant’s hands, as well as the expenses, are required to be deducted from the gross sum of the proceeds, and complainant is declared to be entitled on each share to one four-hundred and eighth part of the residue. Thus settling the rights of the parties, we think it comes within the principle settled in the case of Weatherford v. James, 2 Ala. Rep. 170, and Kennedy’s Heirs, &c. v.…
2Cases cited15 opinions
- Crocket v. LeeSupreme Court of the United States · 1822
- Parker v. CarterSupreme Court of Virginia · 1814
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Pharr v. BachelorSupreme Court of Alabama · 1841
- Green v. WinterNew York Court of Chancery · 1814
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Stone v. HaleSupreme Court of Alabama · 1850
- Garner v. PrewittSupreme Court of Alabama · 1858
- Goodwin v. McGeheeSupreme Court of Alabama · 1849
23 more not listed; retrieve them via the Exa API.