Douthit v. Nabors
Supreme Court of Alabama
Appeal from the Chancery Court of Bibb. Heard before the Hon. Titos. H. Smith. On June 1, 1897, Sarah E. Nabors, as administratrix and E. S. Lyman, as administrator, of the estate of French Nabors, deceased, filed an original bill in the chancery court of Bibb county, against Charles F. Douthit.
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Appeal from the Chancery Court of Bibb. Heard before the Hon. Titos. H. Smith. On June 1, 1897, Sarah E. Nabors, as administratrix and E. S. Lyman, as administrator, of the estate of French Nabors, deceased, filed an original bill in the chancery court of Bibb county, against Charles F. Douthit. It was averred in this bill that on April 21, 1890, Mrs. Amelia Hoskins and John Erharker, executed a mortgage upon certain property to Charles F. Douthit to secure the payment of certain promissory notes; that on June 9, 1891, after the execution of said mortgage, the said Amelia Hoskins and John…
1Opinion of the Court
McCLELLÁN, C. J.
The pleading of Prank Nelson whereby he sought to intervene and be made a party to the pending suit of the personal representatives of French Nabors, deceased, against Charles F. Douthit is indifferently called a “petition” and a “bill” in the case. It is of little moment whether it was the one or the other, since, whether it was a bill or a petition, we shall assume for the purposes of this appeal that Nelson had originally no right to file it in the cause mentioned and had no right to intervene in that cause for any purpose. Yet the parties to that cause had the right and…
2Cases cited4 opinions
- Ezzell v. WatsonSupreme Court of Alabama · 1887
- Gibson v. Trowbridge Furniture Co.Supreme Court of Alabama · 1892
- Smith v. AlexanderSupreme Court of Alabama · 1888
- Speakman v. BurlesonSupreme Court of Alabama · 1898
3Cited by1 opinion
- Encino State Bank v. TenorioNew Mexico Supreme Court · 1922