Thrasher v. Pinckard's Heirs
Supreme Court of Alabama
Error to the Chancery Court of Chambers. Heard before tho Hon. W. W. Mason. This bill ivas filed by the plaintiffs in error, Jno. J. Thrasher and Peter Mitchell, against the widow, heirs at iaw and personal representatives of Peyton Pinckard, deceased.
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Error to the Chancery Court of Chambers. Heard before tho Hon. W. W. Mason. This bill ivas filed by the plaintiffs in error, Jno. J. Thrasher and Peter Mitchell, against the widow, heirs at iaw and personal representatives of Peyton Pinckard, deceased. It alleges that said Thrasher, one of tho complainants, on the 10th day of November, 1849, contracted with said 'Pinckard for the purchase of certain tracts of land in said bill specifically described, for which he agreed to pay to the said Pinckard the sum of $2250, and in payment of the purchase money the said Thrasher executed to the said…
1Opinion of the CourtGibbons, J.
According to the views which we entertain of the case presented by the bill, the decision of the Chancellor in dismissing it for want of equity cannot be sustained. It will bo recollected that, on a motion to dismiss for want of equity, all the allegations of the bill are to be taken as true. Adopting this rule, under previous decisions of this court, the bill, taken as a whole, presents two distinct grounds of equity, each of which is sufficient to give the court jurisdiction of the case.
The counsel engaged in the argument of the cause seem to differ as to the extent of the covenant for…
2Cases cited3 opinions
- Parks v. BrooksSupreme Court of Alabama · 1849
- Barney v. FrownerSupreme Court of Alabama · 1846
- Nance v. HooperSupreme Court of Alabama · 1847
3Cited by12 opinions
- Minge v. GreenSupreme Court of Alabama · 1912
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Adams v. AdamsSupreme Court of Alabama · 1864
- Wood v. MorganSupreme Court of Alabama · 1876
- Greenberg v. RaySupreme Court of Alabama · 1926
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