Modern Order of Praeligtorians v. Merriman
Supreme Court of Alabama
Appeal from Circuit Court, Dale County; J. S. Williams., Judge. Bill by the Modern Order of Prsetorians against E. W. Merriman'and others, as executors, for an intervention. Prom a decree sustaining demurrers to the bill and administering the funds, complainant appeals.
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Appeal from Circuit Court, Dale County; J. S. Williams., Judge. Bill by the Modern Order of Prsetorians against E. W. Merriman'and others, as executors, for an intervention. Prom a decree sustaining demurrers to the bill and administering the funds, complainant appeals. The bill alleges that the Modern Order of Praetorians is a fraternal benefit society; that Oliver O. Skipper held a benefit certificate in the order for $1;000 with Callie V. Skipper, his mother, as the beneficiary. It alleges on information and belief that said Oliver O. Skipper was killed in action in Prance on November 7,…
1Opinion of the Court
ANDERSON, C. 3.
Mr. Pomeroy, in his great work on.Equity Jurisprudence, in recognition of the general rule of equitable jurisdiction to grant the remedy of interpleader independent of statute, in section 1320, vol. 4, 3d Ed., says:
“Where two or more persons, whose titles are connected by reason of one being derived from the other, or of both being derived from a common source, claim the same thing, debt, or duty, by different or separate interests, from a third person, and he, not knowing to which of the claimants he ought of right to render the debt or duty, or to deliver the thing, fears he…
2Cases cited1 opinion
- Conley v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1880
3Cited by8 opinions
- Perdue v. State Nat. BankSupreme Court of Alabama · 1950
- Pratt v. First Nat. Bank of FayetteSupreme Court of Alabama · 1942
- Marcus v. People's Sav. BankSupreme Court of Alabama · 1933
- Steele v. First Nat. Bank of MobileSupreme Court of Alabama · 1936
- Anniston Lumber & Mfg. Co. v. KirklandSupreme Court of Alabama · 1929
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