Erwin v. Reese
Supreme Court of Alabama
Appeal from Chancery Court of Chambers. Heard before Hon. B. B. McCraw. This was a bill in equity, filed by the appellee, Beese, to enforce the vendor’s lien upon a tract of land situate_ in Chambers county. There was a decree, on the final hearing on the pleadings and proof, granting the relief prayed; hence this appeal. Erwin, in his answer, set up by way of plea that he was a resident of Lee county, Alabama, and the bill should have been filed against him in that county.
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Appeal from Chancery Court of Chambers. Heard before Hon. B. B. McCraw. This was a bill in equity, filed by the appellee, Beese, to enforce the vendor’s lien upon a tract of land situate_ in Chambers county. There was a decree, on the final hearing on the pleadings and proof, granting the relief prayed; hence this appeal. Erwin, in his answer, set up by way of plea that he was a resident of Lee county, Alabama, and the bill should have been filed against him in that county. He also demurred, because “there is no equity in the bill.” The cause was decided in vacation in pursuance of an…
1Opinion of the CourtManning, J.
1. Section 3350 of the Revised Code declares that “ a demurrer to the bill must set forth the ground of a demurrer specially, and otherwise must not be heard.” This court has several times held that under this statute, a demurrer for want of equity only, was too general to be entitled to notice. Certainly we should not be justified in holding that such a demurrer presented for the decision of ' the chancellor the question whether the suit was well brought in Chambers county, where the land lies, instead of Lee county, where defendant resided.
2. The rule in respect to assignments of error,…
2Cases cited1 opinion
- King v. GreenSupreme Court of Alabama · 1829
3Cited by4 opinions
- Allen v. Birmingham Southern R. Co.Supreme Court of Alabama · 1923
- McLeod v. AdamsSupreme Court of Alabama · 1928
- Southern Ry. Co. v. Lime Cola Bottling Co.Supreme Court of Alabama · 1923
- Hines v. McMillanSupreme Court of Alabama · 1920