McGuire v. Van Pelt
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The bill in this case was filed on the 20th September, 1873, by John McGuire, against Herman Yan Pelt and D. J. Fail, and asked the cancellation of a mortgage on certain lands, as a cloud on the complainant’s title, or, in the alternative, an account of the mortgage debt, and to be let in to redeem.
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Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The bill in this case was filed on the 20th September, 1873, by John McGuire, against Herman Yan Pelt and D. J. Fail, and asked the cancellation of a mortgage on certain lands, as a cloud on the complainant’s title, or, in the alternative, an account of the mortgage debt, and to be let in to redeem. The material facts of the case, as shown by the averments of the bill and the exhibits attached to it, are these ; On the 13th March, 1871, Burwell Boykin and Samuel F. Boykin, being “ seized in fee simple as tenants…
1Opinion of the Court
BRICKELL, C. J. —
1. A mere general demurrer, which, under the general rules of chancery practice and pleading, directs attention to and draws in question only the equity of a bill, does not exist now in our practice, and can not be heard or sustained. The statute is express: “A demurrer to the bill must set forth the ground of demurrer specially, and otherwise must not be heard.” — B. C. § 3350. The assignment, that “ there is no equity in the bill,” is nothing more than a general demurrer; it is not an assignment of a special cause of demurrer. It does not point out in what respect the bill…
2Cases cited27 opinions
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Wallace v. HarrisMichigan Supreme Court · 1875
- Vroom v. DitmasNew York Court of Chancery · 1834
- Beekman v. FrostNew York Supreme Court · 1820
- Dye v. MannMichigan Supreme Court · 1862
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3Cited by70 opinions
- Smith v. CookSupreme Court of Alabama · 1929
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
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