Dudley v. Witter
Supreme Court of Alabama
Appeal from tbe Chancery Court of Lowndes. Heard before the Hon. Adam C. Felder. Tbis case has been before this court at two former terms. It may be found reported in 42 Ala. 616-27, and 46 Ala. 664-97. The original bill was filed on tbe 15tb September, 1860, by Mrs. Mary D. Witter, by her next friend, against John Dudley.
Read the full summary
Appeal from tbe Chancery Court of Lowndes. Heard before the Hon. Adam C. Felder. Tbis case has been before this court at two former terms. It may be found reported in 42 Ala. 616-27, and 46 Ala. 664-97. The original bill was filed on tbe 15tb September, 1860, by Mrs. Mary D. Witter, by her next friend, against John Dudley. Its object was to recover a tract of land, which had belonged to the estate of Francis Lewis, who was the complainant’s father; and it also sought an account of the rents and profits of the land while in the possession of the defendant. The complainant claimed the land…
1Opinion of the CourtB. F. Saffold, J.
At the October term, 1868, of the chancery court, the defendant was granted a continuance of the cause, and leave to examine additional witnesses, on condition that he would execute, with security, a bond to pay to the complainant whatever sum of money should be decreed to her on the final hearing. In pursuance of this order, he gave the bond, stipulating in it that the court should render judgment against any or all of the obligors, whenever an execution against Dudley, or his personal representative, should be returned unsatisfied. After that time, Dudley died, and his administrator was…
2Cases cited2 opinions
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Dudley v. WitterSupreme Court of Alabama · 1871
3Cited by4 opinions
- Malone & Foote v. MarriottSupreme Court of Alabama · 1879
- McCurdy v. KenonSupreme Court of Alabama · 1912
- Linares v. BianchiDistrict Court, D. Puerto Rico · 1917
- Smith v. AlexanderSupreme Court of Alabama · 1885