Alexander v. Colcock
Alexander v. Colcock
Opinion of the Court
delivered the opinion of the Court.
The complainants, some of them being creditors and others sureties, or accommodation endorsers, of one C. E. Smith, filed their several bills against him and his brother (H. H. Smith), in the latter part of 1860, seeking to attach the property of their said principals, and have it subjected to the satisfaction of hi$ several debts, on which they were liable, or that he owed them. The attachments were issued and
Complainants say that they are. advised that they can not safely redeem the land:
1. Because the fraudulent deed above referred to conveyed the legal title to H. H. Smith, and there
2. Because their attachments created a prior lien to that of the execution. They insist that the title to the land is beclouded and embarrassed by these- various ■ matters, and come into a Court of Equity insisting that they “ have the right of keeping the question of redemption open until they can have the judgment of the Court removing all embarrassments and clouds from the title.” And they say further that they are willing to advance one hundred per cent, on the bid of Colcock, McCauley & Molloy, if the Court will first remove the cloud from the title to the 188 acres of land.
We are aware of no precedent for this bill. Courts have to decide upon the rights of parties as they exist, and have no jurisdiction that we know of to decide beforehand whether complainants would acquire a good title by the redemption of this land, or whether they would be buying land on which they already had the superior lien. The Chancellor seems to have taken this view of-it. We concpr with him and affirm his decree, dismissing the bill with costs.
Reference
- Full Case Name
- S. S. Alexander v. Colcock, McCauley & Molloy
- Status
- Published