Richard v. Steiner Bros.
Supreme Court of Alabama
Bill to Quiet Title. Appeal from Jefferson Chancery Court. Heard before Hon. A. I-I. Benners. Bill by Rudolph Richards and others against Steiner Bros., to quiet title to certain lots in the city of Birmingham. From a decree sustaining demurrers to the bill this appeal is prosecuted.
Read the full summary
Bill to Quiet Title. Appeal from Jefferson Chancery Court. Heard before Hon. A. I-I. Benners. Bill by Rudolph Richards and others against Steiner Bros., to quiet title to certain lots in the city of Birmingham. From a decree sustaining demurrers to the bill this appeal is prosecuted. Counsel discuss the 1st, 3rd and 4th grounds of demurrer to the bill and cite authorities in support thereof, and also discuss the merits of the case, but as these matters are not touched on in the opinion it is deemed unnecessary to set them out. Counsel discusses the assignments of error and cites authority to…
1Opinion of the CourtDenson, J.
This appeal is based on a decree of the chancery court sustaining a demurrer to the bill. The demurrer contains four distinct grounds, but the decree is not rested upon any particular ground. It is in general terms, adjudging and decreeing that “said demurrer be, and’ it is, sustained.” The rule of practice as declared by our decisions is that, on an appeal from a decree sustaining or overruling a demurrer to a bill in *305equity, tbe decree will be referred to the causes of demurrer which will support it, and not to those which would render it erroneous, working a reversal. — McDonald v.…
2Cases cited2 opinions
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Evans v. St. JohnSupreme Court of Alabama · 1839
3Cited by10 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Crowson v. CodySupreme Court of Alabama · 1926
- Jones v. Jefferson CountySupreme Court of Alabama · 1920
- Hull v. Wimberly & Thomas Hdw. Co.Supreme Court of Alabama · 1912
- L. W. Richardson & Co. v. Town of HamiltonSupreme Court of Alabama · 1947
5 more not listed; retrieve them via the Exa API.