Whitfield v. Riddle
Supreme Court of Alabama
Appeals from the Chancery Court of Marengo. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 27th January, 1S79, by (Jains Whitfield, as a creditor of the insolvent estate of Nathaniel W. Riddle, deceased, on behalf of himself and all other creditors of said estate, against Archibald A. J. Riddle individually and as administrator of said estate, and against several other persons ; and sought, principally, the removal of the settlement of…
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Appeals from the Chancery Court of Marengo. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 27th January, 1S79, by (Jains Whitfield, as a creditor of the insolvent estate of Nathaniel W. Riddle, deceased, on behalf of himself and all other creditors of said estate, against Archibald A. J. Riddle individually and as administrator of said estate, and against several other persons ; and sought, principally, the removal of the settlement of said estate from the Probate Court, and the condemnation and sale of a tract of land, described as the “Mitchell place,”…
1Opinion of the CourtStone, C. J.
A cross-bill is in its 'nature defensive. It ’ must relate to, and be connected with the subject of the original bill, and can bring in no new matter entirely foreign to it, except, perhaps, in cases of set-off against an insolvent comjfiainant. Some affirmative defenses, even against the complainant himself, can only be made under a cross-bill. The necessity of a cross-bill sometimes arises between the defendants, when, in equity, the burden of complainant’s claim should be apportioned among two or more of such defendants. Davis v. Cook, 65 Ala. 617. Still, the subject and purpose of the…
2Cases cited9 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Wells v. MorrowSupreme Court of Alabama · 1861
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Davis v. CookSupreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Nadeau v. Texas CompanyMontana Supreme Court · 1937
- Emens v. StephensSupreme Court of Alabama · 1937
- Jefferson County v. MosleySupreme Court of Alabama · 1969
- Maryland Casualty Co. v. HolmesSupreme Court of Alabama · 1935
16 more not listed; retrieve them via the Exa API.