Teal v. Chancellor
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. Jebe N. Williams. The bill in this case was filed by the appellee against the appellants. The appeal is from a decree of the chancellor overruling the- demurrers interposed to the bill. The facts of the case, together with the grounds of demurrer, which are reviewed on the present appeal, are sufficiently stated in the opinion. The demurrer to the bill as amended should have been sustained.
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Appeal from the Chancery Court of Pike. Heard before the Hon. Jebe N. Williams. The bill in this case was filed by the appellee against the appellants. The appeal is from a decree of the chancellor overruling the- demurrers interposed to the bill. The facts of the case, together with the grounds of demurrer, which are reviewed on the present appeal, are sufficiently stated in the opinion. The demurrer to the bill as amended should have been sustained. The amendment was clearly a departure from the original suit, and introduces an entirely new cause of action. Mut. Life Ins. Co. v. Randall, 74…
1Opinion of the CourtBbickell, C. J.
The appellee, one of the next of kin and distributees of her deceased father, Arnold Teal, who died intestate, leaving three children, his only next of kin, filed the original bill against her co-distributees, a brother and sister, for the recovery of her distributive share, upon allegations that the defendants had taken possession of the personal property of the intestate, wasting or converting much thereof. The bill alleges that the deceased left no debts whatever, and that there had been no administration taken on his estate. Subsequently, the bill was amended so as to make Palestine Teal,…
2Cases cited8 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Truss v. MillerSupreme Court of Alabama · 1897
- King v. AverySupreme Court of Alabama · 1861
- Marshall v. Crow's Adm'rSupreme Court of Alabama · 1856
- Glover v. HillSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Moore v. BrandenburgIllinois Supreme Court · 1910
- Love v. RennieSupreme Court of Alabama · 1950
- Williams v. AnthonySupreme Court of Alabama · 1929
- Murphy v. FreemanSupreme Court of Alabama · 1930
18 more not listed; retrieve them via the Exa API.