McIntosh v. Alexander
Supreme Court of Alabama
Error to the Chancery Court .of Montgomery. Before the Hon. Jos. W, Lesesne, -Chancellor. The bill in this case was filed by the plaintiffs in error, and alleges that Elizabeth McIntosh, the mother of one, and the grand-mother of the other complainants, was possessed of a large personal estate, consisting of slaves, which in 1835, she devised by will to John McIntosh, deceased, then the husband of complainant, Sarah Ann McIntosh, and Florella Wright, her daughter; that the…
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Error to the Chancery Court .of Montgomery. Before the Hon. Jos. W, Lesesne, -Chancellor. The bill in this case was filed by the plaintiffs in error, and alleges that Elizabeth McIntosh, the mother of one, and the grand-mother of the other complainants, was possessed of a large personal estate, consisting of slaves, which in 1835, she devised by will to John McIntosh, deceased, then the husband of complainant, Sarah Ann McIntosh, and Florella Wright, her daughter; that the portion devised to John McIntosh was .given to him for and during his natural life, and to the said Sarah Ann and her…
1Opinion of the CourtDargan, J.
This bill is clearly multifarious. It charges a fraudulent combination between all the defendants in obtaining possession of the slaves, and prays that they deliver up such as they still have in their possession, and account for such as they have sold. It then sets out a contract by which Alexander alone undertook to deliver to Mrs. McIntosh certain slaves, which he has failed to do, and prays separate relief against him, that he deliver them up, or account for their value.
Where a joint claim against severa] defendants is united in the same bill with- a separate claim against one defendant…
2Cases cited2 opinions
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
- Marriott v. GivensSupreme Court of Alabama · 1845
3Cited by6 opinions
- Matthews v. MatthewsSupreme Court of Alabama · 1946
- H. H. Hitt Lumber Co. v. Cullman Property Co.Supreme Court of Alabama · 1914
- Bentley v. BarnesSupreme Court of Alabama · 1908
- Russell v. GarrettSupreme Court of Alabama · 1883
- Conner & Wife v. SmithSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.