Cain v. Gimon
Supreme Court of Alabama
Appeal from the Chancery Court, at Mobile. Heard before the Hon. James B. Clark. The original bill in this case was filed, on the 5th November, 1857, by Mrs. Mary Jane Cain, suing by her next friend, against Dominique Gimon, J. R. Lassabe, and Alphonse ITurtel.
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Appeal from the Chancery Court, at Mobile. Heard before the Hon. James B. Clark. The original bill in this case was filed, on the 5th November, 1857, by Mrs. Mary Jane Cain, suing by her next friend, against Dominique Gimon, J. R. Lassabe, and Alphonse ITurtel. Its object-was, to set-aside ¿is fraudulent a sale made under a mortgage, or deed of trust, made by Lassabe as trustee; -to have the-accounts between the mortgagor and mortgagee re-stated, and a redemption allowed to the complainant, who was the wife of the mortgagor. The mortgage was executed on the l'lth September, 1851, by William…
1Opinion of the CourtStone, J.
In Blackwell v. Blackwell, 33 Ala. 57, we said, “All amendments, which are properly allowed, take effect, so far as the equity of the bill is concerned, as of the date of the original bill.” So, if the amendment was properly allowed, and the bill as amended' contains equity, it should not have been dismissed for any defect in the original bill.
[2.] It is contended, however, that the amendment makes a new case, and should not have been allowed. In Ingraham v. Foster, 31 Ala. 123, we considered this question, and held that, “ to make an amendment improper, it is not enough that there be a mere…
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