Moore v. Moore
Supreme Court of Alabama
Error to the Chancery Court of Madison. Tried before the Hon. David G. Ligón. The bill in this case was filed by Gabriel E. Moore and Benjamin T. Moore, the plaintiffs in error, against Gabriel Moore, James Penn, the Branch Bank of the State of Alabama at Huntsville, Clement C. Clay, and James W. McClung.
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Error to the Chancery Court of Madison. Tried before the Hon. David G. Ligón. The bill in this case was filed by Gabriel E. Moore and Benjamin T. Moore, the plaintiffs in error, against Gabriel Moore, James Penn, the Branch Bank of the State of Alabama at Huntsville, Clement C. Clay, and James W. McClung. It alleges that on the 35th November 1841, the said Gabriel E. Moore purchased of the said Gabriel Moore certain lands, at the price of nine hundred and fifty dollars, five hundred dollars of which was paid in cash, and four hundred and fifty dollars by note of the said Gabriel E. and…
1Opinion of the CourtDargan, C. J.
The view we take of this case renders it unnecessary to examine the questions submitted by the argument of counsel, for it is a familiar rule that when two join in a bill as complainants, both must have an interest in the subject matter in controversy and both be entitled to relief, otherwise *633the bill will be dismissed. — Story Eq. Plead. 392 ; 2 Sim. R. 237; Wilkins et al. v. Judge & Dunklin, 14 Ala. 135. If we could admit that Benjamin T. Moore was entitled to an equitable off-set, growing out of the decree of the Orphans’ Court in favor of Pryor, who was a legatee under the will of William…
2Cases cited1 opinion
- Wilkins v. JudgeSupreme Court of Alabama · 1848
3Cited by2 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Vaughn v. LovejoySupreme Court of Alabama · 1859