McCully v. Chapman
Supreme Court of Alabama
Appear from Chancery Court of Perry. Heard before Hon. Chaeues TubNER. The appellee, John H. Chapman, as administrator de bonis non of one J. G. Cole, deceased, filed this bill against the appellant McCully, and one Mathews. The bill alleged that Cole died testate in Perry county, seized and possessed of certain lands.
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Appear from Chancery Court of Perry. Heard before Hon. Chaeues TubNER. The appellee, John H. Chapman, as administrator de bonis non of one J. G. Cole, deceased, filed this bill against the appellant McCully, and one Mathews. The bill alleged that Cole died testate in Perry county, seized and possessed of certain lands. His will was duly admitted to probate, and the persons named in it as executors, qualified, but one of them resigned, after making final settlement with tbe probate court, and tbe other afterwards bad tbe estate declared insolvent, settled ber administration, and resigned.…
1Opinion of the CourtBbickell, C. J.
Tbe general rule in a court of equity *328is, that all persons having an interest in the subject matter of the suit, must be made parties, either as plaintiffs, or as defendants. The purpose of the court, is, the prevention of future litigation, and security in the performance of its decrees. There may be a separation of the legal and equitable title, and if there is, the court will not generally proceed to a decree, unless the persons in whom each resides, are made parties, so as to bind them by the decree which may be rendered. If the legal title was not affected, the persons in whom it…
2Cases cited6 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- McMaken v. McMakenSupreme Court of Alabama · 1851
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Doe ex dem. Hamilton v. HardySupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Cleveland v. StateSupreme Court of Alabama · 1888
- City of Mobile v. Gulf Development Co.Supreme Court of Alabama · 1965
- Reid v. City of BirminghamSupreme Court of Alabama · 1963
- Shorter v. FrazerSupreme Court of Alabama · 1879
20 more not listed; retrieve them via the Exa API.