Woodruff v. Adair
Supreme Court of Alabama
Appeal 'from the City Court of Talladega, in Equity. Heard before the Hon. G. K. Miller. The original bill in* this case was filed on November 20, 1896, by Mary J. Adair, 'and as amended it made parties defendant Mrs. T. S. Phillips and her husband, H. W. Phillips, John W. Ryder, Mrs. Sarah E. Wood-ruff, and M. L. Smith, and E. J. Smith, individuals and a® partners under the firm name of Smith Bros.
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Appeal 'from the City Court of Talladega, in Equity. Heard before the Hon. G. K. Miller. The original bill in* this case was filed on November 20, 1896, by Mary J. Adair, 'and as amended it made parties defendant Mrs. T. S. Phillips and her husband, H. W. Phillips, John W. Ryder, Mrs. Sarah E. Wood-ruff, and M. L. Smith, and E. J. Smith, individuals and a® partners under the firm name of Smith Bros. It was averred in the original bill that the complainant, Mary J. Adair, owned an interest in certain specifically described lands; that ©he acquired this interest under and by virtue of the fact…
1Opinion of the CourtHakalson, J.
The motion to dismiss for want of equity, for all purposes of the motion, admitted all the statements of the cross-bill to be true, and the chancellor was not authorized in passing on the motion, nor are we, in review of his ruling, to look into the answers to the cross-hill and proofs in the original cause, but the motion is to be determined upon an inspection of the cross-hill itself, in its relation to the. original bill. Trammell v. Pennington, 45 Ala. 673; Seats v. Robinson, 75 Ala. 363.
Section 1040 of the Code provides, that “Where a power to sell lands is given to the grantee in any…
2Cases cited15 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Alexander v. HillSupreme Court of Alabama · 1889
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lee v. MacOn County BankSupreme Court of Alabama · 1937
- Jackson v. TribbleSupreme Court of Alabama · 1908
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Pollak v. MillsapSupreme Court of Alabama · 1928
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
9 more not listed; retrieve them via the Exa API.