Washington v. Arnold
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard, before Hon. A, H. Benners. Bill by J. S. Arnold and another against W. D. Washington and others, to set aside a conveyance for fraud, and to enforce the lien. From a decree overruling demurrers to the bill, the respondents appeal.
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Appeal from Jefferson Chancery Court. Heard, before Hon. A, H. Benners. Bill by J. S. Arnold and another against W. D. Washington and others, to set aside a conveyance for fraud, and to enforce the lien. From a decree overruling demurrers to the bill, the respondents appeal. The bill does not show sufficient facts authorizing a court of equity to assume jurisdiction of the case, and if the bill is without equity the conclusions of the pleader whether in the charging part of the bill, or in the special prayer or both, cannot import equity to it. — Sayre v. Elyton Go., 73 Ala. 86; Strickland v.…
1Opinion of the CourtDowdell, C. J.
The bill is exhibited against W. D. Washington, Janie S. Washing-ton, and the Ensley Land Company, all of whom are made respondents. W. D. and Janie S. Washington filed a joint demurrer. The cause was submitted for decree on this demurrer only as to the respondent W. D. Washington, and a decree overruling the same Avas rendered. From this decree the present appeal is prosecuted under the statute. — Code 1907, § 2838.
The appeal is taken jointly in the names of W. D. Washington and Janie S. Washington, and only in their names. Motion is noAv made to dismiss the appeal, because not taken in…
2Cases cited1 opinion
- Clark v. KnoxSupreme Court of Alabama · 1880
3Cited by5 opinions
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- McKenzie v. MingeAlabama Court of Appeals · 1919