Larkin v. Mason
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. N. S. Gbai-iaM. The bill in this cause was filed on 28th February, 1882, by W. R. Larkin, J. F. Martin, J. Compton, W. B. ICeeble and G. W. R. Larkin against James E. Mason, James M. Buchanan and J. B. Tally, as administrator of the estate of Frances W. Mason, deceased; and its material averments are substantially as follows: On 1st August, 1861, Winfield S. Mason departed this life in this State, intestate, leaving him…
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Appeal from Jackson Chancery Court. Heard before Hon. N. S. Gbai-iaM. The bill in this cause was filed on 28th February, 1882, by W. R. Larkin, J. F. Martin, J. Compton, W. B. ICeeble and G. W. R. Larkin against James E. Mason, James M. Buchanan and J. B. Tally, as administrator of the estate of Frances W. Mason, deceased; and its material averments are substantially as follows: On 1st August, 1861, Winfield S. Mason departed this life in this State, intestate, leaving him surviving Frances S. Mason, his widow, and Frances W. Mason and James E. Mason, his only heirs at law; and on 14th March,…
1Opinion of the CourtSomerville, J.
It is our judgment that the demurrer to the bill in this case was properly sustained. It was fatally deficient in equity in several particulars.
The complainants had a plain and adequate remedy at law, so far as concerns the items of $100, and $500, alleged to have been paid on the judgments rendered against Buchanan.
If these payments were made after the revival of the judgments in the Probate Court on the sci. fa. proceedings; or even if they were made before such revivor, and the proposition can be maintained that the neglect of Buchanan to set up the defense of payment does not conclude his…
2Cases cited10 opinions
- James v. JamesSupreme Court of Alabama · 1876
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Lockhart v. McElroySupreme Court of Alabama · 1843
- Tate v. EvansSupreme Court of Alabama · 1875
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3Cited by7 opinions
- Ex parte State ex rel. Attorney GeneralSupreme Court of Alabama · 1907
- Glass v. GlassSupreme Court of Alabama · 1884
- Martin v. TallySupreme Court of Alabama · 1882
- Ex Parte RobertsonSupreme Court of Alabama · 1937
- Hoffman v. SewellSupreme Court of Alabama · 1906
2 more not listed; retrieve them via the Exa API.