Smith v. Smith
Supreme Court of Alabama
Appeal from Cleburne Chancery Court. Heard before Hon. J. R. Barker, Special Chancellor. This case has been twice before in this court. See Smith v. Bmith, 102 Ala. 516; s. c. 106 Ala. 298, where the aver-ments of the bill are shown. On submission for decree on the pleadings and proof the chancellor dismissed the bill. Complainants appeal. cited Darnell's Chancery PI. & Pr., p. 2394, 74tb rule; Code, § 741; Jeter c.
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Appeal from Cleburne Chancery Court. Heard before Hon. J. R. Barker, Special Chancellor. This case has been twice before in this court. See Smith v. Bmith, 102 Ala. 516; s. c. 106 Ala. 298, where the aver-ments of the bill are shown. On submission for decree on the pleadings and proof the chancellor dismissed the bill. Complainants appeal. cited Darnell's Chancery PI. & Pr., p. 2394, 74tb rule; Code, § 741; Jeter c. Jeter, 36 Ala. 394; Chambers v. Wright, 52 Ala. 444; Thornton c. Neal, 49 Ala. 590; Rumbly v. Stanton, 24 Ala. 712; Hodge v. T-risc, 16 Ala. 509.
1Opinion of the CourtSharpe, J.
— On botli the former appeals in this case it. was clearly pointed ont that before any decree for a foreclosure of the mortgage could be granted it would be necessary to ascertain the amount due from the administrator of C. A. Smith’s estate and to decree the amount due from him to the heirs who are complainants. See Smith v. Smith, 102 Ala. 516, s. c. 106 Ala. 298. Notwithstanding such necessity and admonition complainants have wholly failed to have executed the orders- of reference made with a view to stating the accounts of the administrator and surviving partner. By statute it is made the…
2Cases cited2 opinions
- Smith v. SmithSupreme Court of Alabama · 1893
- Smith v. SmithSupreme Court of Alabama · 1894
3Cited by3 opinions
- Southern Hardware & Sup. Co. v. Standard Equip. Co.Supreme Court of Alabama · 1910
- Huie v. SmithSupreme Court of Alabama · 1939
- McGrath v. SteinSupreme Court of Alabama · 1906