Beebe & Henshaw v. Morris
Supreme Court of Alabama
Appeal from tbe Chancery Court of Montgomery. Heard before tbe Hon. H. Austill. Tbe bill in this case was filed on tbe 23d August, 1875, by Josiab Morris, Sarah S. Watson, and Mary E. Semple, against Eugene Beebe, Eerrie Henshaw, Elmore & Gunter, Stone & Clopton, H. W. Hitchcock, and tbe executors of tbe last will and testament of Howell Eose, deceased; and sought the foreclosure of a mortgage on the “Montgomery Hall property” in the city of Montgomery, an account of the…
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Appeal from tbe Chancery Court of Montgomery. Heard before tbe Hon. H. Austill. Tbe bill in this case was filed on tbe 23d August, 1875, by Josiab Morris, Sarah S. Watson, and Mary E. Semple, against Eugene Beebe, Eerrie Henshaw, Elmore & Gunter, Stone & Clopton, H. W. Hitchcock, and tbe executors of tbe last will and testament of Howell Eose, deceased; and sought the foreclosure of a mortgage on the “Montgomery Hall property” in the city of Montgomery, an account of the mortgage debt, and a sale of the property to pay the amount ascertained to be due. The said property was sold to Beebe &…
1Opinion of the CourtBriokell, C. J.
The statute which authorizes this appeal, limits the revisory power of the court to the decree overruling the demurrer. — Pamph. Acts, 1874-5, p. 189. If the chancellor erred in allowing an amendment of the bill, or if the amendment was irregularly made, and new parties informally introduced, as is insisted by the appellants, the errors are not now the subject of revision.
There are several grounds of demurrer, which it cannot be *528supposed were relied on by tbe appellants. Tbe first, second, and eigbtb are general, wbicb tbe statute prohibits being beard. Tbe fourth asserts, that tbe…
2Cited by5 opinions
- Schultz v. Plankinton BankAppellate Court of Illinois · 1891
- Buckheit v. Decatur Land Co.Supreme Court of Alabama · 1903
- Wallace v. MarksteinSupreme Court of Alabama · 1906
- Penney v. MillerSupreme Court of Alabama · 1901
- Woodruff v. MutschlerNew Jersey Court of Chancery · 1881