Parker v. Jones' Adm'r
Supreme Court of Alabama
Bill in Equity to establish and enforce Resulting Trust. This was a bill in equity, filed on' the 14th of December, 1874, by Yirgil E., Lamartine W., and Caledonia J. Parker, against Naomi C. Jones, as administratrix of tbe estate of John W. Jones, dec’d, and Wm. A Jones, and others, as the heirs of John W. Jones.
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Bill in Equity to establish and enforce Resulting Trust. This was a bill in equity, filed on' the 14th of December, 1874, by Yirgil E., Lamartine W., and Caledonia J. Parker, against Naomi C. Jones, as administratrix of tbe estate of John W. Jones, dec’d, and Wm. A Jones, and others, as the heirs of John W. Jones. The bill alleged that Dr. Bobert Parker, tbe father of complainants, died intestate, in Texas, in 1857, leaving property valued at twenty-five hundred dollars, which their mother Naomi C. Parker converted into money, and brought with her to Cherokee county, Alabama, in October,…
1Opinion of the CourtSomeryille, J.
— No point is raised-in this case, in the court below, in reference to the statute of limitations, either by demurrer to the bill, or by the answer of the several defendants.
Such defense can be considered by the appellate court, only when properly raised by the pleadings. If, in such ■event, there is any reason for accepting the given case from the operation of the statute, it must be introduced by an amendment to the bill, or raised by way of special replication to a plea. — Ragland’s Ex’rs v. Mortou, 41 Ala. 344; Nimmo v. Stewart, 21 Ala. 682.
The complainants, as the heirs and distributees…
2Cases cited4 opinions
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Nimmo v. StewartSupreme Court of Alabama · 1852
- Robison v. RobisonSupreme Court of Alabama · 1870
- Ragland's Executors v. MortonSupreme Court of Alabama · 1867
3Cited by8 opinions
- Hanover Nat. Bank of New York v. ThomasSupreme Court of Alabama · 1928
- McCall v. RogersSupreme Court of Alabama · 1884
- Ellison v. MosesSupreme Court of Alabama · 1891
- St. Louis Brewing Ass'n v. AustinSupreme Court of Alabama · 1893
- Sands v. HammellSupreme Court of Alabama · 1895
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