Williams v. Cooper
Supreme Court of Alabama
Appeal from the chancery court of Pike. Heard before the Hon. Jerre N. Williams. The bill in this pase was filed by the appellee, Nancy Cooper, against the appellant, R. J. Williams. The averments of the bill are sufficiently set forth in the opinion. The respondent demurred to the bill on the ground that it was multifarious. On the submission of the cause on this demurrer, the chancellor decreed that the demurrer was not well taken, and overruled it.
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Appeal from the chancery court of Pike. Heard before the Hon. Jerre N. Williams. The bill in this pase was filed by the appellee, Nancy Cooper, against the appellant, R. J. Williams. The averments of the bill are sufficiently set forth in the opinion. The respondent demurred to the bill on the ground that it was multifarious. On the submission of the cause on this demurrer, the chancellor decreed that the demurrer was not well taken, and overruled it. The respondent appeals from that interlocutory decree, and assigns the same as error. It is clear that the hill in the outset charges that the…
1Opinion of the CourtColeman, J.
It is averred in the bill that appellee became bound as surety for her husband, and mortgaged her real estate to secure the payment of his debt. In the alternative it is averred, that, if she is mistaken in the statement, that the debt was wholly that of her husband, for no part of which she was bound as his surety, then so far as she may have been liable for said debt, the same had been paid. Upon these averments the prayer of the bill is that the mortgage be cancelled as a cloud upon her title. The bill further avers, that if she is mistaken in the statement that her liability has been…
2Cases cited8 opinions
- Micou v. AshurstSupreme Court of Alabama · 1876
- Caldwell v. KingSupreme Court of Alabama · 1884
- Cramer v. WatsonSupreme Court of Alabama · 1882
- Askew v. SandersSupreme Court of Alabama · 1887
- Hartley v. MatthewsSupreme Court of Alabama · 1892
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3Cited by4 opinions
- Parker v. WardSupreme Court of Alabama · 1932
- MacKe v. MacKeSupreme Court of Alabama · 1917
- Mitchell v. BottomsSupreme Court of Alabama · 1934
- Macke v. MackeSupreme Court of Alabama · 1917