Donelson's Adm'rs v. Posey
Supreme Court of Alabama
Error from the Lauderdale Chancery Court. Before the. Hon. W. W. Mason, Chancellor. The complainants, as the representatives of John Do nelson, filed their bill in the chancery court of Lauderdale, and-among other things, charged that the intestate, John Donelson, and one P. F. Pearson, now also deceased, were partners in merchandizing.
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Error from the Lauderdale Chancery Court. Before the. Hon. W. W. Mason, Chancellor. The complainants, as the representatives of John Do nelson, filed their bill in the chancery court of Lauderdale, and-among other things, charged that the intestate, John Donelson, and one P. F. Pearson, now also deceased, were partners in merchandizing. That their said mércantile co-partnership commenced about July, 1833, and ended about the-1st of November, 1835, and was carried on under the firm» name and style of P. F. Pearson & Co. That about the 1st Novémber, 1835, Donelson retired 'from the concern, and…
1Opinion of the CourtChilton, J.
It is insisted by the counsel for the defendants in error, that the will is multifarious, as containing an improper joinder of distinct matters. Also that its objects are inconsistent and repugnant, because it seeks to set aside the deeds of trust made by Pearson to Messrs. Pope & Posey for fraud and incapacity on the part of Pearson, the grantor, and at the same time, prays relief which can only be granted by admitting the entire validity of both deeds. This inquiry becomes proper in this view of the case, — if the bill for any cause should have been dismissed, this court will not reverse…
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