Adams v. Sayre
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Austill. The original bill in this case was filed on the lltli April, 1879, by William I). Sayre, against James R. Adams and Thomas Joseph; and sought a redemption of a certain brick store-house and lot in the city of Montgomery, and an account of the mortgage debt, rents, &c.
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Austill. The original bill in this case was filed on the lltli April, 1879, by William I). Sayre, against James R. Adams and Thomas Joseph; and sought a redemption of a certain brick store-house and lot in the city of Montgomery, and an account of the mortgage debt, rents, &c. The mortgage, a copy of which was made an exhibit to the deposition of Adams, was dated January lltli, 1873, and was given to secure the payment of a promissory note for $3,100, of even date with the mortgage, and payable twelve months after date, to…
1Opinion of the CourtSomeryille, J.
It is settled in our practice, that a bill in equity may be framed with a double aspect, embracing alternative averments, provided that each aspect entitles the complainant to substantially the same relief, and the same defenses are applicable to each. — Gordon's Adm'r v. Ross, 63 Ala. 363; Micou v. Ashurst, 55 Ala. 607. If the causes of action presented are so distinct as to require inconsistent and repugnant reliefs, and different defenses, the bill is demurrable on the ground of multifariousness.
And under the provisions of section 3788 of the Oodp of 1876, any defect in the frame of a bill…
2Cases cited10 opinions
- Gordon's Adm'r v. RossSupreme Court of Alabama · 1879
- Micou v. AshurstSupreme Court of Alabama · 1876
- Rogers v. TorbutSupreme Court of Alabama · 1877
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- Pitts v. PowledgeSupreme Court of Alabama · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Adams v. SayreSupreme Court of Alabama · 1884
- Lauderdale v. Peace Baptist ChurchSupreme Court of Alabama · 1944
- Bolman v. LohmanSupreme Court of Alabama · 1883
- Ezzell v. WatsonSupreme Court of Alabama · 1887
17 more not listed; retrieve them via the Exa API.