Hall v. McKeller
Supreme Court of Alabama
Bill for Discovery and Accounting. Appeal from Lowndes Chancery Court. Heard before Hon. L. D. GARDNER. Bill by Elizabeth McKellar, as administratrix, etc., against A. B. Hall. Decree for complainant, and respondent appeals.
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Bill for Discovery and Accounting. Appeal from Lowndes Chancery Court. Heard before Hon. L. D. GARDNER. Bill by Elizabeth McKellar, as administratrix, etc., against A. B. Hall. Decree for complainant, and respondent appeals. The rule, as we understand it, is that a bill in equity cannot be maintained for an accounting solely or mainly, where the account to be examined exist “on one side only,” nor in any case unless the matters are so greatly complicated as to render the remedy at law inadequate, and no general allegation th'at the account is complicated will suffice. — Hulsey v. Walker…
1Opinion of the CourtSimpson, J.
This appeal is from a decree overruling a motion to dismiss for want of equity. All amendable defects being /considered as amended, the bill shows that the respondent (appellant) occupied a fiduciary relation’to complainant’s mother, the intestate, being her agent, managing her estate, consisting of several plantations, for several years, and at the time of her death taking possession of a large portion of her personal property, and that complainant has no means of ascertaining how the accounts of said agency stand, or what personal property has gone into the hands of the respondent, and has…
2Cases cited8 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Knotts v. TarverSupreme Court of Alabama · 1845
- Crothers v. LeeSupreme Court of Alabama · 1856
- Halsted v. RabbSupreme Court of Alabama · 1838
- Montgomery Iron Works v. Capital City InsuranceSupreme Court of Alabama · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Nelson Realty Co. v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1957
- City of Mobile v. McCown Oil Co.Supreme Court of Alabama · 1933
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
- Worley v. WorleySupreme Court of Alabama · 1980
23 more not listed; retrieve them via the Exa API.