Johnson v. Blackmon
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. 13111 by Ross Blackmon against W. H. Johnson and another for an interpleader, and for other relief. From a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. 13111 by Ross Blackmon against W. H. Johnson and another for an interpleader, and for other relief. From a decree overruling demurrers to the bill, respondents appeal. The allegations of the bill are that respondent and one Rutherford Dapsley, at the request of Thomas H. Owens, went to his place of residence and drafted the last will and testament of said man, which was delivered to orator, and was thereafter placed in the hands of the judge of probate of Cullman county, and after drafting the will, and in pursuance of…
1Opinion of the CourtSatre, J.
Appellee filed this bill of interpleader to have determined the ownership of certain certificates of hank deposit claimed by tbe appellants. We need notice only two propositions:
[1-3] 1. Appellants contend that since appellee holds mere evidences of debt, while the banks hold the money and are answerable to the true owner, the bill is not necessary to the protection of appellee against any hazard, vexation, or expense of more than one action. The certificates of deposit in dispute are, in effect, negotiable promissory notes (2 Michie, Banks and Banking, 1271), and they promise payment upon…
2Cases cited2 opinions
- Gibson v. GoldthwaiteSupreme Court of Alabama · 1845
- Venturi v. SilvioSupreme Court of Alabama · 1916
3Cited by9 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Marx v. LiningSupreme Court of Alabama · 1935
- Fogg v. GoodeSupreme Court of Florida · 1919
- Pratt v. First Nat. Bank of FayetteSupreme Court of Alabama · 1942
- Sovereign Camp, W. O. W. v. PartridgeSupreme Court of Alabama · 1930
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