M'Gowen v. Young
Supreme Court of Alabama
In error from Tuskaloosa' Circuit court. This was an action in chancery, commenced by Thomas Hill, complainant, against Ezekiel W. Young and others; and revived and continued bj his representative, Mary Ann McGowen, late Mary Ann Hill. The original object of the bill, was to obtain an injunction against the removal of certain slaves, alleged to have been in the possession of Ezekiel W. Young; and in which the complainant professed to be entitled to a residuary interest.
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In error from Tuskaloosa' Circuit court. This was an action in chancery, commenced by Thomas Hill, complainant, against Ezekiel W. Young and others; and revived and continued bj his representative, Mary Ann McGowen, late Mary Ann Hill. The original object of the bill, was to obtain an injunction against the removal of certain slaves, alleged to have been in the possession of Ezekiel W. Young; and in which the complainant professed to be entitled to a residuary interest. The bill charged, that one Thomas S. Hill, the father of the complainant, had executed a deed of gift of the slaves in…
1Opinion of the CourtSaffold, J.
In this case all the members of the court are competent to adjudicate.
In the case of Bates, et al. vs. Murphey, et al.a the Chief Justice was not, having presided below. Though the circumstances of the two cases are essentially different, in many respects, they involve the same principles of law, and chancery practice.
In this case, the Chief Justice concurring with me in the application of the doctrine, as stated in my opinion just delivered in the other; and the principles therein contained, being fully decisive of all the material questions involved in this case, we deem it sufficient…
2Cases cited8 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Runyan v. MersereauNew York Supreme Court · 1814
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Jackson ex dem. Bowers v. CraftsNew York Supreme Court · 1820
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3Cited by5 opinions
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Ballenger v. Liberty National Life Insurance Co.Supreme Court of Alabama · 1957
- W. O. Broyles Stove & Furniture Co. v. HinesSupreme Court of Alabama · 1920
- Ballenger v. Liberty National Life Insurance Co.Supreme Court of Alabama · 1957
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914