Southern Railway Co. v. Hartshorn
Supreme Court of Alabama
Appeal from Morgan Chancea y Court. Heard before Hon. W. H. Simpson. Bill by Acton C. Hartshorne and others against the Southern Kailwav Company and others. From a decree overruling a demur icr to the bill and motion to dismus the same, defendants appeal. This was •> bill by judgment creditors of the city of Decatur, Ala., a municipal corporation.
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Appeal from Morgan Chancea y Court. Heard before Hon. W. H. Simpson. Bill by Acton C. Hartshorne and others against the Southern Kailwav Company and others. From a decree overruling a demur icr to the bill and motion to dismus the same, defendants appeal. This was •> bill by judgment creditors of the city of Decatur, Ala., a municipal corporation. The allegations material to this case are that certain parties Therein named by deed conveyed to the Southern Railway Company a certain tract of land described in the bill, and that the city of Decatur furnished the purchase money and paid the…
1Opinion of the CourtDowdell, J.
The appeal in this case is prosecuted from the decree of the chancellor overruling respondent’s demurrer to the hill and motion to dismiss the same for want of equity. The bill is one by creditors, and is filed under section 818 of the Code of 1896. The demurrer is addressed to the bill as a whole. The averments of the biil, as to the alleged fraud, are made in the alternative. The bill, among other things, alleges that the complainants are judgment creditors of the respondent the mayor and council of the city of Decatur, a municipal corporation? The bill does not purport to be filed by the…
2Cases cited5 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Equitable Loan & Security Co. v. Town of EdwardsvilleSupreme Court of Alabama · 1905
- Henderson v. Farley National BankSupreme Court of Alabama · 1898
- McAnally v. O'Neal & O'NealSupreme Court of Alabama · 1876
3Cited by6 opinions
- Simmons v. Clark Equipment Credit Corp.Supreme Court of Alabama · 1989
- City of Coral Gables v. HepkinsSupreme Court of Florida · 1932
- Southern Ry. Co. v. HartshorneSupreme Court of Alabama · 1909
- Snell v. PrescottIdaho Supreme Court · 1930
- Lee v. City of FairfieldSupreme Court of Alabama · 1933
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