Vaughn v. Vaughn
Supreme Court of Alabama
Appear from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson. Bill by Amanda Vaughn against -John W. Vaughn for partition, homestead, and dower. From a judgment for respondent on demurrer, complainant appeals.
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Appear from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson. Bill by Amanda Vaughn against -John W. Vaughn for partition, homestead, and dower. From a judgment for respondent on demurrer, complainant appeals. The bill prays, among other things, that it be taken as a cross-bill, and shows that Susie Miles, some time in 1905, filed her bill against oratrix and John W. Vaughn, alleging her interest in the lands as the heir at law of Benjamin R. Vaughn, and at the same time admitting and recognizing oratrix’s right to a homestead and her dower interest therein, and praying an order…
1Opinion of the CourtAnderson, J.
While the pleader designates the j) resent bill as a “cross-bill,” we do not so consider it, as it shows that the original bill had been dismissed.
Nor do we understand that it is a bill of revivor, as there was no abatement, but a dismissal of the original suit. Section 3120 of the Code of 1907.
Neither can it be treated as a good bill of review', as it contains no charge of fraud, error of law apparent upon the record, or newdy discovered evidence.—McCall v. McCurdy, 69 Ala. 65; 3 Mayfield’s Digest, 307.
Therefore, the only theory upon which the bill can be said to contain equity is as an…
2Cases cited4 opinions
- McCall v. McCurdySupreme Court of Alabama · 1881
- Singo v. BrainardSupreme Court of Alabama · 1911
- Barksdale v. GarrettSupreme Court of Alabama · 1879
- Kyle v. McKenzieSupreme Court of Alabama · 1891
3Cited by7 opinions
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Graham v. GrahamSupreme Court of Alabama · 1918
- Stuart v. StricklandSupreme Court of Alabama · 1919
- Yarbrough v. YarbroughSupreme Court of Alabama · 1917
- McGregor v. McGregorSupreme Court of Alabama · 1947
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