Freeman v. McBroom
Supreme Court of Alabama
Writ of Error to the Court of Chancery at Huntsville. The plaintiff, a resident of Jackson county, filed his bill setting forth, that the defendant, McBroom, as the assignee of his co-defendant, Wilder, recovered a verdict and judgment against him in the county court of that county, on a bill single for one hundred and twenty-five dollars.
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Writ of Error to the Court of Chancery at Huntsville. The plaintiff, a resident of Jackson county, filed his bill setting forth, that the defendant, McBroom, as the assignee of his co-defendant, Wilder, recovered a verdict and judgment against him in the county court of that county, on a bill single for one hundred and twenty-five dollars. It is alledged that the writing on which the judgment was rendered, with three others of the like amount each, and of the same date, were executed to Wilder, and the defendant, Swann, in order to obtain the title to a tract of land, situated in Jackson…
1Opinion of the CourtCollier, C. J.
It has been repeatedly held, not -only by this, but by other courts, that a bill may be dismissed at the hearing for want of equity, although no demurrer is interposed and the answer does not question its equity. In the present case it is true, the chancellor in his decree states that the cause was submitted on a motion to dismiss for want of equity, but he does not address himself to the consideration of the bill in that aspect; but determines, that although the bill may contain abundant equity if it were filed in the chancery court of Jackson, yet the court in which the suit was pending…
2Cited by11 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Campbell v. CrawfordSupreme Court of Alabama · 1879
- Porter v. WorthingtonSupreme Court of Alabama · 1848
- Lockard v. LockardSupreme Court of Alabama · 1849
- Johnston v. ShawSupreme Court of Alabama · 1858
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