Blackshear v. Burke
Supreme Court of Alabama
Appeal from the Chancery Court of Conecuh. Heard before the Hon. John A. Foster. The original bill in this case was filed, on the 19th April, 1882, by IJriah Blackshear, against James F. Dugan and his several infant children by his deceased wife, Nancy F. Dugan; and sought to have a receiver appointed to take possession of certain property then in the possession of said Dugan, to preserve it from waste pending the suit, and to have it sold, if necessary, in order to effect…
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Appeal from the Chancery Court of Conecuh. Heard before the Hon. John A. Foster. The original bill in this case was filed, on the 19th April, 1882, by IJriah Blackshear, against James F. Dugan and his several infant children by his deceased wife, Nancy F. Dugan; and sought to have a receiver appointed to take possession of certain property then in the possession of said Dugan, to preserve it from waste pending the suit, and to have it sold, if necessary, in order to effect an equitable division among the children, as beneficiaries under a deed of trust executed by the said Dugan, in which the…
1Opinion of the CourtPrickell, C. J.
— The case has been very fully argued upon its merits, and can, without injury to either of the parties in interest, be determined finally without the expression of an opinion upon the regularity or propriety of the petition which was entertained in the Court of Chancery; or without deciding whether the order or decree of the chancellor is of the character which will support an appeal, or whether the remedy of the party aggrieved by it is mandamus for its vacation. If the latter is the appropriate remedy, an application for the writ is pending, and a dismissal of the appeal would result in…
2Cases cited5 opinions
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jones v. DawsonSupreme Court of Alabama · 1851
- Lewis v. Dubose & Co.Supreme Court of Alabama · 1856
- Mulhall v. WilliamsSupreme Court of Alabama · 1858
- Askew v. MyrickSupreme Court of Alabama · 1875
3Cited by13 opinions
- Montgomery Furniture Co. v. HardawaySupreme Court of Alabama · 1893
- Gulf States Steel Co. v. JusticeSupreme Court of Alabama · 1920
- Pollak v. WinterSupreme Court of Alabama · 1911
- Cook & Co. v. Malone & SonsSupreme Court of Alabama · 1900
- Dittemore v. Cable Milling Co.Idaho Supreme Court · 1909
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