Legal Opinion

Phillips v. Lawing

Supreme Court of Alabama

Decided April 9, 1907PublishedCited by 8 opinions

Appeal fro-m Madison CL an eery Court. Heard before Hon. W. IT. Simpson. Bill by Ruby Lawing and others against B. Posey Phillips and another. From a decree overruling defendants’ demurrer to the bill and a motion to dismiss the same, they appeal. This was a bill piesented by Ruby Lawing, Arthur R. Phillips, and Peal McCullough, by next friend, against B. Posey Phillips and Martha Phillips.

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Appeal fro-m Madison CL an eery Court. Heard before Hon. W. IT. Simpson. Bill by Ruby Lawing and others against B. Posey Phillips and another. From a decree overruling defendants’ demurrer to the bill and a motion to dismiss the same, they appeal. This was a bill piesented by Ruby Lawing, Arthur R. Phillips, and Peal McCullough, by next friend, against B. Posey Phillips and Martha Phillips. Posey Phillips is sued in his representative -character as the administrator of Ben Phillips, deceased, and as surviving partner of the firm of Ben Phillips & Co. The allegations of the bill are that Ben…

1Opinion of the CourtDowdell, J.

The piesent appeal is prosecuted from the decree of the chancellor overruling the respondents’ demurrer to the bill and motion to dismiss the same for want of equity. The question presented for our consideration calls for a construction of section 1462 of the Code of 1896. On this question we are satisfied with the opinion of the chancellor, accompanying his decree, and in which Ave concur, and here adopt the same as the opinion of this court: ,

“One Ben Phillips, complainants’ grandfather, died intestate, leaving no immediate children. His wife, Martha Phillips, Survived him, and the theory…

2Cited by8 opinions

  1. Cherokee Brick Co. v. BishopTennessee Supreme Court · 1927
  2. Ex Parte ClineSupreme Court of Alabama · 1925
  3. Morgan-Hill Paving Co. v. StewartSupreme Court of Alabama · 1930
  4. Mitchell v. MitchellSupreme Court of Alabama · 1953
  5. Purcell v. SewellSupreme Court of Alabama · 1931

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