Berry v. Tennessee & Coosa Railroad
Supreme Court of Alabama
Appeal from the City Court, of Gadsden, in Equity. Heard before the Hon. John H. Disque. The appeal in this ease was prosecuted from a decree overruling demurrers interposed by the defendant, who were respondents, to a bill filed by the appellee, the Tennessee & Coosa Eailroad Company. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court, of Gadsden, in Equity. Heard before the Hon. John H. Disque. The appeal in this ease was prosecuted from a decree overruling demurrers interposed by the defendant, who were respondents, to a bill filed by the appellee, the Tennessee & Coosa Eailroad Company. The facts of the case are sufficiently stated in the opinion. In chancery it is not allowable to bring a suit in equity in the name of one person for the use of another: It is a general rule that a suit in equity must be brought by the real party in interest in his own name. — 15 Ency. of PL & Pr., 664 and…
1Opinion of the CourtTyson, J.
The original bill Avas filed by the Tennessee & Coosa Railroad Company against Fannie M. Berry, alleging that each oAvned an undivided one-half *621interest in certain lands described; tbat said lands could not be equitably, divided by metes and bounds, and prayed that the same be sold and proceeds divided. Upon a demurrer being sustained to it, the complainant was allowed to file a substituted bill by way of amendment. This amended bill is filed by tbe same complainant “who sues on behalf of Anna J. Henderson” and is exhibited against Anna J. Henderson a.nd Fannie M. Berry. After setting forth…
2Cases cited10 opinions
- Horton v. SledgeSupreme Court of Alabama · 1856
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Cain v. GimonSupreme Court of Alabama · 1860
- Ormond v. MartinSupreme Court of Alabama · 1861
- Ingraham v. FosterSupreme Court of Alabama · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
- James E. Folsom v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- Roy v. AbrahamSupreme Court of Alabama · 1922
- Phillips v. BradfordSupreme Court of Alabama · 1906
- Richardson v. PowellSupreme Court of Alabama · 1917
6 more not listed; retrieve them via the Exa API.