Siglin v. Smith
Supreme Court of Alabama
Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Elizabeth Smith, and others against William Siglin and others, for the administration of an estate by the chancery court. Decree for complainants and respondents appeal. Multifariousness is of three kinds. — 1 Dan.
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Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Elizabeth Smith, and others against William Siglin and others, for the administration of an estate by the chancery court. Decree for complainants and respondents appeal. Multifariousness is of three kinds. — 1 Dan. Ch. Pr. 384, et seq.; Sims Ch. Pr. 231-4. The bill in this case violates the second rule against multifariousness in joining James Smith and Susy Mullineaux, with Mrs. Elizabeth Smith, and also presents the third kind in that these two parties have no interest whatever in setting aside the conveyance…
1Opinion of the CourtMcCLELLAN, J.
William A. Smith died August 16, 1908. Subsequently William Siglin qualified as administrator of his estate. After the first amendment, the original bill in this cause made a case for the removal of the administration of the estate from the probate into the chancery court. It was first filed by Elizabeth Smith, the mother of intestate, who wa.s alleged to be an heir of the intestate, and later two other collateral heirs were transposed from parties defendant to parties complainant. The parties defendant were the brothers and sisters and neices and nephews of intestate, comprising, it was…
2Cases cited8 opinions
- Truss v. MillerSupreme Court of Alabama · 1897
- Tygh v. DolanSupreme Court of Alabama · 1891
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Baker v. MitchellSupreme Court of Alabama · 1895
- Torrey v. BishopSupreme Court of Alabama · 1894
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3Cited by4 opinions
- Wilks v. WilksSupreme Court of Alabama · 1912
- Henry v. IdeSupreme Court of Alabama · 1922
- Webb v. ButlerSupreme Court of Alabama · 1915
- Irwin v. J. S. Reeves Co.Supreme Court of Alabama · 1931