Abernathy v. Moses
Supreme Court of Alabama
Appeal from Leo Chancery Court. Heard before Hon. N. S. Gkaiiam. ' The bill in this cause was filed on 4th August, 1882, by Isaac Moses against David Abernathy, John Iluguley, and others, for the purpose stated in the opinion. The case made by the bill is sufficiently stated in the opinion, except that it may be added that the bill avers that “all the members of the said firm of Hall, Moses & Co. are dead, except orator, he being the surviving member of said firm.”
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Appeal from Leo Chancery Court. Heard before Hon. N. S. Gkaiiam. ' The bill in this cause was filed on 4th August, 1882, by Isaac Moses against David Abernathy, John Iluguley, and others, for the purpose stated in the opinion. The case made by the bill is sufficiently stated in the opinion, except that it may be added that the bill avers that “all the members of the said firm of Hall, Moses & Co. are dead, except orator, he being the surviving member of said firm.” To the bill the heirs of the deceased partners were not made parties. The defendant Abernathy demurred to the bill on the…
1Opinion of the CourtStone, J.
— The present bill may be regarded as one to set aside a sale made by the register, and- to allow Moses, surviving partner of Hall, Moses & Co., to effect a redemption of part of the lands by a resale. The bill avers that in December, 1870, Wilkins and Smith, personal representatives of one Wilkins, filed their bill to foreclose a mortgage, executed in 1866 by one Carlisle to one Taylor, and transferred by the latter to Wilkins and Smith. Among other parties to that bill, Hall, Moses & Co., a mercantile firm, were made defendants; and it' was averred that they claimed some interest in the…
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