Garrett v. Lynch
Supreme Court of Alabama
Appeal from Chancery Court of Limestone. Heard before Hon. Wm. Séinneíí. This was a bill in equity, filed by the appellants against the appellees, praying for injühction to restrain the collection of a judgment at law against them, founded on a promissory note given by them for lands sold by appellee, Lynch, as administrator of Thomas Lynch, deceased.
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Appeal from Chancery Court of Limestone. Heard before Hon. Wm. Séinneíí. This was a bill in equity, filed by the appellants against the appellees, praying for injühction to restrain the collection of a judgment at law against them, founded on a promissory note given by them for lands sold by appellee, Lynch, as administrator of Thomas Lynch, deceased. The bill alleges, among other things, that the sale of lands was void; that the administrator sold them without having obtained the proper orders and authority for such purpose from the probate court; that the note given for the purchase was…
1Opinion of the CourtPeters, J.
The complainant in a bill in chancery is not only a pleader, but also a witness. He is entitled not only to make a clear and orderly statement of the facts on which his suit is founded, but so far as this statement is not denied or contradicted by the answer of the adverse party, it is to be taken as proved or admitted. — Gresham’s Eq. Ev. pp. 8, 9; Rev. Oode, §§ 3327, 3390, 3391. But that eminent good faith, which is a prevailing principle in courts of equity, requires that the statement thus permitted should be fairly made, without attempt at suppression or evasion. When this is not done,…
2Cases cited8 opinions
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- French v. GarnerSupreme Court of Alabama · 1838
- McCollum v. PrewittSupreme Court of Alabama · 1861
- Cave v. WebbSupreme Court of Alabama · 1853
- Weaver v. StateSupreme Court of Alabama · 1865
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3Cited by2 opinions
- Bibb v. HitchcockSupreme Court of Alabama · 1873
- Stangier v. GoadOregon Supreme Court · 1939