Hamilton v. Terry Furniture & Loan Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Bill by Frank Hamilton against the Terry Furniture & Loan Company, for an accounting and, upon payment of the amount found due, title to certain real estate be vested in complainant. From a decree denying relief in part, complainant appeals.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Bill by Frank Hamilton against the Terry Furniture & Loan Company, for an accounting and, upon payment of the amount found due, title to certain real estate be vested in complainant. From a decree denying relief in part, complainant appeals. Complainant filed his bill stating that he had purchased, of the Bessemer Coal, Iron & Land Company, certain lots in the city of Bessemer, upon which was situated a dwelling house, he buying the same on time and being put in possession thereof: and that he had reduced his payments to the…
1Opinion of the Court
The bill for accounting contained the necessary averments. Julian v. Woolbert, 202 Ala. 530, 81 So. 32. The filing of such a bill implies that there are items on both sides rendering the balance uncertain and necessary to be ascertained by the court, and that the complaint will pay any balance that is ascertained to be due respondent. To such a bill, a respondent need not file a cross-bill to be allowed his credits, or have a proper decree for a sale to enforce his balance due, if his credits exceed complainant's due claims. This is one of the exceptions to the general rule in equity, that a…
2Cases cited26 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Root v. JohnsonSupreme Court of Alabama · 1891
- Alston v. AlstonSupreme Court of Alabama · 1859
- Goldthwait v. DayMassachusetts Supreme Judicial Court · 1889
21 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Crowson v. CodySupreme Court of Alabama · 1926
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1922
- Oden-Elliott Lumber Co. v. Daniel-Gaddis Lumber Co.Supreme Court of Alabama · 1923
4 more not listed; retrieve them via the Exa API.