Legal Opinion

Skinner v. Barney

Supreme Court of Alabama

Decided June 15, 1851PublishedCited by 6 opinions

Appeal, from the Chancery Court- at .Mobile.. Tried before she Hon. «L W* Lesesne. It is said equity cannot give relief 'in such a case as this.

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Appeal, from the Chancery Court- at .Mobile.. Tried before she Hon. «L W* Lesesne. It is said equity cannot give relief 'in such a case as this. If this be so, it is very ineffectual to suppress fraud! This is a fraudulent device of Barney. — 1 Story’s Éq., § 186-87-88-90;. Equity has jurisdiction to apply a remedy where a creditor’s judgment is satisfied and it is attempted to be set up against the debtor. — 2 Story’s E'q., §'876, .886, 877. Equity gives relief-' in all such cases. — Ib. § 903, 861, .862, .906, 907,'.874, 872; &■ Ala. 463. Equity will not restrict.itself by enumerating the…

1Opinion of the Court

COLEMAN, Js

The complainant’s bill in this case alleges 1 substance that in November, 1845, the Branch of the Bank f the State of Alabama recotered two judgments* one against he complainant, and the other ¿gainst the defendant Barney md one W. C„ Stanley, on a note made by complainant and Barney as principals, and said Stanley as their surety ; that by an agreement made between said Skinner and Barney on the 27th March* 1846, Barney undertook* for' a valuable considera-1 tion, to pay said judgments.

The bill alleges that Barney paid the amount due on the judgment to the b&nk, but in so doing ho…

2Cases cited1 opinion

  1. McKinley v. IrvineSupreme Court of Alabama · 1848

3Cited by6 opinions

  1. Helmetag v. FrankSupreme Court of Alabama · 1878
  2. Averyt Drug Co. v. Ely-Robertson-Barlow Drug Co.Supreme Court of Alabama · 1915
  3. Davies v. SimpsonSupreme Court of Alabama · 1918
  4. Ewing v. Bay Minette Land Co.Supreme Court of Alabama · 1936
  5. Whittle v. ClarkSupreme Court of Alabama · 1929

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