Houston v. Farris
Supreme Court of Alabama
Bill in Equity to Establish Set-off against Judgment; Gross-Bill to enforce Trust in Lands. Appeal from the Chancery Court of Montgomery! Heard before the Hon. John A. Foster.
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Bill in Equity to Establish Set-off against Judgment; Gross-Bill to enforce Trust in Lands. Appeal from the Chancery Court of Montgomery! Heard before the Hon. John A. Foster. The original bill in this case was filed on the 2d May, 1884, by T. L. Farris and W. D. McCurdy, against Mrs. Mary J. Houston and her husband; and sought to enjoin a judgment at law which Mrs. Houston had recovered against them, and to have the judgment debt applied as assets in their hands of the insolvent estate of Robert F. Simonton, deceased, who was a brother of Mrs. Hoúston, and of whose estate said Farris and…
1Opinion of the Court
STONE, O. J.
— This is the third appeal'in this case. When the case was first here — 78 Ala. 250 — we considered and passed on the equity of complainants’ bill, and the state of the pleadings is set forth in the opinion rendered at that time. We need not repeat what is there said.
On the second appeal, Justice Glopton not being competent to sit in the case, there was a difference of opinion between Justice Somerville and myself, which rendered it necessary to have a special judge appointed. The case being decided by a special court, it never passed into the reports. The contention of Mrs.…
2Cases cited7 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Tilford v. Torrey & LockwoodSupreme Court of Alabama · 1875
- Lee v. LeeSupreme Court of Alabama · 1880
- Bibb v. HunterSupreme Court of Alabama · 1885
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