Marx v. Clisby
Supreme Court of Alabama
Appeal from City Court of Birmingham, in Equity. Heard before the 1-Ion. W. TV. Wilkerson. The bill in this ease was filed by the appellees, as the only children and heirs at law of Fannie T. Clisby, deceased, against the appellants. All the complainants except Warner 0. Clisby are under the age of 21 years, and sue by their next friend. This is the second 'appeal in this case.
Read the full summary
Appeal from City Court of Birmingham, in Equity. Heard before the 1-Ion. W. TV. Wilkerson. The bill in this ease was filed by the appellees, as the only children and heirs at law of Fannie T. Clisby, deceased, against the appellants. All the complainants except Warner 0. Clisby are under the age of 21 years, and sue by their next friend. This is the second 'appeal in this case. On the former appeal the decree of the chancellor overruling the demurrers to the bill as originally filed was affirmed. After the affirmance of this decree the bill was amended by striking out the portion thereof…
1Opinion of the CourtTyson, J.
The bill in this cause contains no offer to do equity, and on former appeal, this court held, that it was not subject to demurrer on that account, saying: “The fifth and sixth grounds [of demurrer] are without merit. They question the equity of the bill, for that •complainants have not offered to return or account for the proceeds of the purchase money for said lots, which inured to their benefit, and have not offered to account for the benefits received by them. How could they be required to make such an offer? It was their money that paid for property, not liable under the will to be…
2Cases cited17 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
- Davis v. GainesSupreme Court of the United States · 1881
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Bland v. BowieSupreme Court of Alabama · 1875
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Coburn v. CokeSupreme Court of Alabama · 1915
- Mitchell v. BaldwinSupreme Court of Alabama · 1908
- Bank of Wetumpka v. WalkleySupreme Court of Alabama · 1910
- Dickson v. New York Biscuit Co.Illinois Supreme Court · 1904
11 more not listed; retrieve them via the Exa API.