Bondurant v. Sibley's Heirs
Supreme Court of Alabama
Appeal from tbe Chancery Court of Berry. Heard before tbe Hon. James B. Clark. The original bill in this case was filed, on the 20th March, 1848, by Joseph IL Bondnrant, against the personal representative and heirs-at-law of Charles Sibley, deceased ; and sought to redeem certain lands, which had been sold under execution against said Bondurant, and which were purchased at the sale by said Sibley.
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Appeal from tbe Chancery Court of Berry. Heard before tbe Hon. James B. Clark. The original bill in this case was filed, on the 20th March, 1848, by Joseph IL Bondnrant, against the personal representative and heirs-at-law of Charles Sibley, deceased ; and sought to redeem certain lands, which had been sold under execution against said Bondurant, and which were purchased at the sale by said Sibley. Mary Perkins, the wife of A. N. Perkins, was ■' alleged to' be one-of the children and lieirs-at-law of said Sibley; and the bill prayed that 'she and her husband might be made defendants, that…
1Opinion of the CourtA. J. Walker, C. J.
[1-2.] The infant defendant mentioned in the amended bill, was not a party to the suit at the time the master was appointed to act as guardian ad litem for him. The bill of revivor, however, made Girarles ¡S. Perkins a party defendant. The want of appropriate allegations, showing his interest in the litigation, does not jjrevent him-from becoming a party by virtue of tbe prayer *571that be sliould answer, and the prayer for process against him. — Walker v. Bank of Mobile, 6 Ala. 452 ; Lucas v. Bank of Darien, 2 Stew. 280. Thus far, the bill of re-vivor was a bill of amendment; and the amendment…
2Cases cited9 opinions
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Erwin v. FergusonSupreme Court of Alabama · 1843
- Preston v. DunnSupreme Court of Alabama · 1854
- Clark v. GilmerSupreme Court of Alabama · 1856
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