Mahone v. Williams
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clark. The original bill in this case was filed, on the 8th November, 1853, by Edward E. Mahone, against Wesley Williams, N. J. Scott, and E. W. Dillard.
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Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clark. The original bill in this case was filed, on the 8th November, 1853, by Edward E. Mahone, against Wesley Williams, N. J. Scott, and E. W. Dillard. Its object was to set aside a sale of certain lands and slaves, which had been sold by the defendant Williams, under a power of sale contained in two mortgages executed to him by the complainant; to have the property re-sold, under the order of the court, the accounts between the parties adjusted, &c. Scott and Dillard were the purchasers of the property at the mortgage…
1Opinion of the CourtA. J. Walker, C. J.
A necessary amendment of the complainant’s bill was allowed after the cause had been heard and submitted for a decree. The chancellor prescribed certain conditions precedent to the allowance of the amendment, to which the complainant formally assented. We decline to revise the action of the chancellor in imposing those conditions, and proceed to submit our reasons.
The third section of an act approved February 8th, 1858, *212directs the allowance of amendments for certain purposes, at any time before final decree, “upon such terms as the chancellor shall deem júst and equitable ” — Pamphlet Acts,…
2Cases cited49 opinions
- Story v. LivingstonSupreme Court of the United States · 1839
- Harding v. WheatonSupreme Court of the United States · 1826
- Brister v. StateSupreme Court of Alabama · 1855
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
- Pearson v. DarringtonSupreme Court of Alabama · 1858
44 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Oden v. KingSupreme Court of Alabama · 1927
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Finch v. StateSupreme Court of Alabama · 1960
- Davis v. DavisSupreme Court of Alabama · 1962
- Dozier v. FarriorSupreme Court of Alabama · 1914
49 more not listed; retrieve them via the Exa API.