Sims v. Adams
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 16th September, 1884, by Thomas J. Adams, against Mrs. Melissa M. Sims and her husband, John M. Sims, and Mrs. Lucinda Bayzor and her husband, N. M. Bayzor; and sought to compel the delivery of a conveyance by Sims and wife for a half interest in certain mill property, real and personal, which the complainant claimed to have purchased from Mrs. Sims ; also,…
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Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 16th September, 1884, by Thomas J. Adams, against Mrs. Melissa M. Sims and her husband, John M. Sims, and Mrs. Lucinda Bayzor and her husband, N. M. Bayzor; and sought to compel the delivery of a conveyance by Sims and wife for a half interest in certain mill property, real and personal, which the complainant claimed to have purchased from Mrs. Sims ; also, the dissolution of a partnership in the null business, formed between the complainant and Mrs. Bayzor, through her…
1Opinion of the CourtStone, C. J.
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The object of the present suit is single, and the interest represented by each defendant bears on the question of any relief, complainant can obtain. This authorized the bringing of those several interests before the court in one and the same suit. The bill is not multifarious. — 1 Brick. Dig. 719, §§ 1158-9; Kingsbury v. Flowers, 65 Ala. 479 ; Randle v. Boyd, 73 Ala. 282; Bolman v. Lohman, 74 Ala. 507. The bill certainly contains equity.
Neither Sims nor Bayzor,'the husbands, were necessary or proper parties. The wives h,ad been relieved of the disabilities of coverture under the statute…
2Cases cited3 opinions
- Kingsbury v. FlowersSupreme Court of Alabama · 1880
- Randle v. BoydSupreme Court of Alabama · 1882
- Bolman v. LohmanSupreme Court of Alabama · 1883
3Cited by9 opinions
- Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- Moritz & Weil v. Miller, Schram & Co.Supreme Court of Alabama · 1888
- Cole v. PriceWashington Supreme Court · 1900
- Fort Payne Furnace Co. v. Fort Payne Coal & Iron Co.Supreme Court of Alabama · 1892
- Hendrix v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1891
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