Moore v. Wallis
Supreme Court of Alabama
Error to the Chancery Court of Talladega. Tried before the Hon. David G. Ligón. The bill in this case was filed by the plaintiff against the defendants in error. The facts sufficiently appear in the opinion.
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Error to the Chancery Court of Talladega. Tried before the Hon. David G. Ligón. The bill in this case was filed by the plaintiff against the defendants in error. The facts sufficiently appear in the opinion. The chancellor dismissed the bill for want of equity, which is the error here assigned. ' If there is equity in making the estate of him, who enables an unprincipled or imprudent guardian to get possession of an orphan’s property and spend it, responsible .to the orphan, then there is equity in this bill. Creditor can go into equity to subject real estate of debtor in the hand of an heir,…
1Opinion of the CourtParsons, J.
The bill was dismissed for the want of equity. In determining whether or not the decree is erroneous, we are confined to the bill itself. The chancellor went upon two grounds, the first of which was, that he had no jurisdiction of the case, as the complainant had not exhausted her remedy at law. It was held in this court that chancery will not entertain a bill, filed by a creditor, alleging a waste of the personal estate of a testator, by the exeeutor, and seeking to subject the lands of the testator, in the possession of heirs and devisees, to the payment of his debt, except it be avered and…
2Cases cited2 opinions
- Darrington v. BorlandSupreme Court of Alabama · 1836
- Pyke v. SearcySupreme Court of Alabama · 1836
3Cited by21 opinions
- Bedford v. KelleyMichigan Supreme Court · 1913
- United States Ex Rel. Wilhelm v. ChainSupreme Court of the United States · 1937
- Emerson v. Southern Ry. Co.Supreme Court of Alabama · 1981
- Estate of Rapp v. Phœnix InsuranceIllinois Supreme Court · 1885
- Looney v. BelcherSupreme Court of Virginia · 1937
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