King v. Avery
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. James B. Clark. This is the same case-.which is reported in 28 Ala. 267, under the title of Hair, adm'r ébe., v. Avery,, et al.
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Appeal from the Chancery Court of Greene. Heard before the Hon. James B. Clark. This is the same case-.which is reported in 28 Ala. 267, under the title of Hair, adm'r ébe., v. Avery,, et al. The original bill was filed in January, .1852, by.lJames Hair, as the administrator of Mildred Walker, deceased, and Etherlin T. Croxton, against Bryant Avery and Pinkney Jonesand sought a division and account of certain slaves, which had. been bequeathed by John Hill, the maternal grandfather of the said Mildred and Etherlin, to his.,daughter, Mildred' Walker, (the mother of said Mildred and Etherlin,)…
1Opinion of the CourtStone, J.
The 3d section of the act “amendatory of the proceedings in’'chancery,”"(Pamph. Acts of .1857-58, p. 230,) declares, “that amendments to bills and answers shall be allowed, at any time before final decree, to meet the justice of the case; and amendments to bills shall be allowed, by adding or striking out new parties complainant or defendant, and to meet 'any state of proof that shall authorize relief,”'&c. The terms of this statute are very -analogous to “several of 'the most important provisions of» *173the Code, in relation to amendments in suits at law. — Code, ^ 2403-4. We think the same…
2Cases cited5 opinions
- Henry Miller's Heirs & Devisees v. M'IntyreSupreme Court of the United States · 1832
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Grant v. SchoonhovenNew York Court of Chancery · 1841
- Holmes and Others v. Trout and OthersSupreme Court of the United States · 1833
- Dudley v. Price's AdministratorCourt of Appeals of Kentucky · 1849
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- Hendon v. WhiteSupreme Court of Alabama · 1875
- Bolman v. LohmanSupreme Court of Alabama · 1883
- Blake v. MinknerIndiana Supreme Court · 1894
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- Fourth National Bank of Montgomery v. BraggSupreme Court of Virginia · 1920
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