Floyd v. Ritter's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed on the 1st March, 1871, by Stephen Schuessler, as the administrator of the estate of Joseph Ritter, deceased, against Thomas J. Or me, late general administrator of said county of Montgomery; and against Mrs. Anne Floyd and John A. Floyd, as sureties on the official bond of said Orme; and against Mrs. M. A. Floyd, who was the wife of said John A. Floyd, and…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed on the 1st March, 1871, by Stephen Schuessler, as the administrator of the estate of Joseph Ritter, deceased, against Thomas J. Or me, late general administrator of said county of Montgomery; and against Mrs. Anne Floyd and John A. Floyd, as sureties on the official bond of said Orme; and against Mrs. M. A. Floyd, who was the wife of said John A. Floyd, and several other persons; and sought to reach certain lands, which were alleged to have been fraudulently conveyed by said…
1Opinion of the Court
BBICBELL, C. J.-
The rule prevailing in courts of equity is, that pleading and proof must correspond. The relief granted must rest on the allegations of the bill, and the proofs which support them. It is not enough that the proofs show the plaintiff is entitled to relief, — that he has a just and meritorious demand, which it lies within the jurisdiction' of the court to enforce : they must show he has the demand, preferred in the bill, and is entitled to relief on the ground therein stated.— Craige v. Craige, 6 Ired. Eq. 191. The rule and its reason, are thus stated in Story’s Eq. PI. § 257…
2Cases cited5 opinions
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- McKinley v. IrvineSupreme Court of Alabama · 1848
- Dubose v. YoungSupreme Court of Alabama · 1848
- Flake v. Day & Co.Supreme Court of Alabama · 1853
- Scott, Harper & Co. v. DansbySupreme Court of Alabama · 1848
3Cited by9 opinions
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Dinkins v. LathamSupreme Court of Alabama · 1918
- Gilmer v. WallaceSupreme Court of Alabama · 1883
- Moog v. BarrowSupreme Court of Alabama · 1893
- Higgins & Courtney v. BlochSupreme Court of Alabama · 1927
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