Branch Bank at Mobile v. Tillman
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Livingston. The defendant in error set forth in his bill, that about the 29th February, 1840, he purchased at public auction, from William McLendon and Christopher McRae, commissioners to sell the 16th section, of township 14, of range 1, west, in the county of Sumter, the west half of the south west of that section, containing eighty-one acres, at the sum of eight dollars and eighty-five cents per acre, amounting to $716 85,…
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Writ of Error to the Court of Chancery sitting at Livingston. The defendant in error set forth in his bill, that about the 29th February, 1840, he purchased at public auction, from William McLendon and Christopher McRae, commissioners to sell the 16th section, of township 14, of range 1, west, in the county of Sumter, the west half of the south west of that section, containing eighty-one acres, at the sum of eight dollars and eighty-five cents per acre, amounting to $716 85, and thereupon made his four promissory notes, for $175 each, negotiable and payable at the Branch of the Bank of the…
1Opinion of the CourtCollier, C. J.
We think it altogether clear, even if the bill had disclosed a case proper for equitable interposition, that no final decree should have been rendered for the complainant, without first making the commissioners of the 16th section a party. But as a reversal for defect of parties would make it necessary to send the case back, we will inquire into the equity of the bill.
A statute passed in 1828, made it the duty of the school commissioners of the several 16th sections, to hold an election to ascertain the sense of the “ qualified electors who may be inhabitants of the township, respecting the…
2Cases cited1 opinion
- Tankersly v. State BankSupreme Court of Alabama · 1844
3Cited by1 opinion
- Governor v. BarrowSupreme Court of Alabama · 1848