Yarborough's Adm'r v. Avant
Supreme Court of Alabama
Appeal from tbe Chancery Court of Elmore. Heard before the Hou. Charles Turner. Tbe bill in this case was filed on tbe 29tb March, 1878, by David E. Avant, against the administrator and heirs at law of Jephtha Yarborough, deceased; and sought to establish and enforce a partition of a tract of land, as agreed on by parol between complainant and said Yarborough, in his lifetime, and to enjoin a judgment at law, which the said Yarborough had afterwards recovered for a part of…
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Appeal from tbe Chancery Court of Elmore. Heard before the Hou. Charles Turner. Tbe bill in this case was filed on tbe 29tb March, 1878, by David E. Avant, against the administrator and heirs at law of Jephtha Yarborough, deceased; and sought to establish and enforce a partition of a tract of land, as agreed on by parol between complainant and said Yarborough, in his lifetime, and to enjoin a judgment at law, which the said Yarborough had afterwards recovered for a part of the lands which Ihe complainant held under the partition. The tract of land was a half-section, containing about 320…
1Opinion of the Court
BRIORELL, O. J.
If the bill is subject to the objection of blending legal and equitable defenses to the judgment at law, it is not thereby rendered multifarious. The joinder of equitable and legal rights, although relief may be prayed in reference to each, does not render a bill multifarious, and prevent the court from taking cognizance of the equities and enforcing them.—Carpenter v. Hall, 18 Ala. 439.
The whole scope of the bill is to establish the parol partition, had between Yarborough in his life and Avant, founded on the consideration that Avant had more than paid his share of the…
2Cases cited5 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Hazen v. BarnettSupreme Court of Missouri · 1872
- Walker v. GregorySupreme Court of Alabama · 1860
- Abernathy v. BoazmanSupreme Court of Alabama · 1854
- Carpenter v. HallSupreme Court of Alabama · 1850
3Cited by34 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Betts v. WardSupreme Court of Alabama · 1916
- Ellis v. BatsonSupreme Court of Alabama · 1912
- Oliver v. WilliamsSupreme Court of Alabama · 1909
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