Carpenter v. Hall
Supreme Court of Alabama
Error to the Chancery Court of Mobile. Tried before the Hon. J. W. Lesesne. The bill in thÍ3 case was filed by Samuel A. Carpenter and his wife, the latter of whom was the daughter of Charles Hall, deceased, against the defendants in error, who are heirs at law of the deceased, and the executors of his supposed will.
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Error to the Chancery Court of Mobile. Tried before the Hon. J. W. Lesesne. The bill in thÍ3 case was filed by Samuel A. Carpenter and his wife, the latter of whom was the daughter of Charles Hall, deceased, against the defendants in error, who are heirs at law of the deceased, and the executors of his supposed will. The bill charges that the instrument admitted to probate as the will of the deceased is not his will, and seeks to set it aside and have a discovery, account and distribution of his estate as of one who had died intestate. The bill further charges that the estate owed the said…
1Opinion of the CourtDargan, C. J.
If the object of this bill was to recover a distributive share of the estate of Charles Hall, deceased, to which the complainants allege they are entitled, and also, to recover an equitable demand due to Samuel A. Carpenter from the same estate, then the objection for mullifariousness ought to prevail; for I do not think that any case can be found, where a bill has been allowed, which sought to recover a joint demand in favor of two. and also a separate demand in favor of one of the complainants, when the separate and joint demands were in no wise connected with each other. — Maud v. Acklom,…
2Cases cited1 opinion
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
3Cited by7 opinions
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
- Baines v. BarnesSupreme Court of Alabama · 1879
- Morris v. MorrisSupreme Court of Alabama · 1877
- Johnston v. LittleSupreme Court of Alabama · 1904
- McIntosh v. MoodySupreme Court of Alabama · 1934
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