Colburn v. Broughton
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 5th District. The case made by the bill is this: Martha J. is the wife of James P. Colburn, and the other complainants are her children by him. On the 25th December, 1829, one John B. Bradford, by deed of that date, conveyed to Wm.
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Writ of Error to the Court of Chancery for the 5th District. The case made by the bill is this: Martha J. is the wife of James P. Colburn, and the other complainants are her children by him. On the 25th December, 1829, one John B. Bradford, by deed of that date, conveyed to Wm. C. Coolidge, since deceased, certain real estate described therein, upon trust, to receive notes, profits and proceeds of the same for her life, and to her own separate use ; and in case her husband, James B. should die during her lifetime, then to convoy the same to her for life, and to the heirs of her body, by said…
1Opinion of the CourtGoldthwaite, J.
1. The first questions which demand our attention are those which arise out of the demurrers to the bill, inasmuch as, if that is defective it becomes'a matter of minor importance to consider whether the complainants are entitled to relief in some other mode.
The objection is made to the bill, that’it is multifarious, in combining together several distinct matters, which have no necessary connection with each other, and that parties are' joined, both as'plaintiffs and defendants, who have no interest in some of the objects of the bill. The rule, as recognized in this court is, that the bill…
2Cases cited5 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Chapman v. ChunnSupreme Court of Alabama · 1843
- Calhoun v. CozensSupreme Court of Alabama · 1842
- Williamson v. Branch Bank at MobileSupreme Court of Alabama · 1845
- Whitaker v. DeGraffenreidSupreme Court of Alabama · 1844
3Cited by15 opinions
- Molton v. HendersonSupreme Court of Alabama · 1878
- Hunley v. HunleySupreme Court of Alabama · 1848
- Donelson's Adm'rs v. PoseySupreme Court of Alabama · 1848
- Gerald v. McKenzieSupreme Court of Alabama · 1855
- Alexander v. ReaSupreme Court of Alabama · 1874
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