Stammers v. McNaughten
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. B. B. McCRAW. On the 30th of January, 1874, appellees, Cornelia J. Me— Naughten, Wm. H. Tyson, and Wm.
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Appeal from the Chancery Court of Barbour. Heard before the Hon. B. B. McCRAW. On the 30th of January, 1874, appellees, Cornelia J. Me— Naughten, Wm. H. Tyson, and Wm. W. Gordon, filed their' bill against C. B. Streater (executor of one Milton H. Streater, deceased), Elizabeth Streater and her minor children, and W. E. Stammers and J. C. Stephens (appellants). The bill averred, in brief, as follows : “ About the fourth day of May,. 1873, Cornelia McNaughten sold to Milton H. Streater a certain piece of land in Eufaula for $1,000, for which said. Streater executed his promissory note, payable…
1Opinion of the CourtStone, J.
1. Not to notice several averments of fact both in the original and cross-bills, which are- not admitted in the answers of the adults, it can not be overlooked that to each of those bills the infant children of Mr. Streater are parties; for these infants’ answers were put in by their guardian ad litem, denying the averments of the bill and cross-bill, as it was his duty to do. The title to the real estate in controversy was mainly in those minors, and each bill sought to divest them of their title. Before this could be lawfully done, the material averments of the bills should have been *281proved.…
2Cases cited1 opinion
- Wells v. MorrowSupreme Court of Alabama · 1861
3Cited by4 opinions
- Behan v. FriedmanSupreme Court of Alabama · 1927
- Williamson v. City of GreenvilleAlabama Court of Appeals · 1957
- Daily's Adm'r v. ReidSupreme Court of Alabama · 1883
- In re Estate of Harris, Superior Court of California, County of San Francisco1908