Andrews v. Hobson's Adm'r
Supreme Court of Alabama
Error to the Chancery Court of Greene. Heard before the Hon. W. W. Mason. The complainants below, who are also plaintiffs in error, set forth that they are children of Nelson Andrews, and as such beneficiaries in a deed of trust executed by said Nelson Andrews to Matthew Hobson, deceased, as trustee, for the benefit of the creditors of said Nelson Andrews, and then for the use and benefit of complainants.
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Error to the Chancery Court of Greene. Heard before the Hon. W. W. Mason. The complainants below, who are also plaintiffs in error, set forth that they are children of Nelson Andrews, and as such beneficiaries in a deed of trust executed by said Nelson Andrews to Matthew Hobson, deceased, as trustee, for the benefit of the creditors of said Nelson Andrews, and then for the use and benefit of complainants. By this deed, (which is exhibited with the bill,) it appears that sundry tracts of land, and anum- ' her of slaves, were conveyed to said Hobson on the trusts aforesaid. The bill further…
1Opinion of the CourtLigon, J.
1. No question can arise on the action of the Chancellor in overruling the demurrer to the original bill in this case, for the obvious reason that the defendant has assigned no cross errors on the record, and we can only decide on such as are assigned and insisted upon in this court.—Van Eppes v. Smith, 21 A. R. 317.
2. It is urged by the defendant in error, that tho bill is so fatally defective, in setting out the cause of action, that no case for relief is made out, and on this ground alone the decree of the Chancellor should be sustained. If this be true, this court will certainly dismiss…
2Cases cited2 opinions
- McLane v. SpenceSupreme Court of Alabama · 1844
- Brannan v. OliverSupreme Court of Alabama · 1829
3Cited by29 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Janes v. ThrockmortonCalifornia Supreme Court · 1881
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Davis v. CookSupreme Court of Alabama · 1880
- Garland v. WatsonSupreme Court of Alabama · 1883
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