Gunter v. Williams
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clare. The bill in this case was filed on the 11th May, 1858, by Charles G. Gunter, George T. Gunter, and Wynn B. Gowen, as surviving partner of the late firm of W. B. Gowen & Co., (the two latter suing for the use and benefit of said Charles G. Gunter,) against John I). F. Williams, and Emily, his wife; but the bill was afterwards amended by striking out Gowen’s name as a party plaintiff.
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Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clare. The bill in this case was filed on the 11th May, 1858, by Charles G. Gunter, George T. Gunter, and Wynn B. Gowen, as surviving partner of the late firm of W. B. Gowen & Co., (the two latter suing for the use and benefit of said Charles G. Gunter,) against John I). F. Williams, and Emily, his wife; but the bill was afterwards amended by striking out Gowen’s name as a party plaintiff. Its object was to enforce a claim for damages, resulting from an alleged breach of the covenants of warranty contained in a deed for…
1Opinion of the Court
A. J". WALKEB, C. J.
Proof of the execution of the power of sale given by W. B. Gowen & Co. is an indispensable pre-requisite to a decree for the complainants. The chancellor, deciding that there was an entire want of such proof, dismissed the complainants’ bill. We must, at the threshold of this case, ascertain whether the chancellor rightly adjudged that the execution of such instrument was not proved.
W. B. Gowen, the complainants’ witness, was asked by the defendants in their second cross-interrogatory, “who signed the firm name to the power of sale referred to in the 7th interrogatory?”…
2Cases cited12 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Drake v. GloverSupreme Court of Alabama · 1857
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Roper v. RoperSupreme Court of Alabama · 1856
- Plowman v. RiddleSupreme Court of Alabama · 1848
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3Cited by17 opinions
- Short v. BattleSupreme Court of Alabama · 1875
- Hall v. HendersonSupreme Court of Alabama · 1899
- Frost v. WolfTexas Supreme Court · 1890
- Prestwood v. McGowinSupreme Court of Alabama · 1900
- Sprague v. TysonSupreme Court of Alabama · 1870
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