Parish's Adm'r v. Galloway
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. Wade Keyes. The original bill in this case was filed by Eleazar Galloway, against William Parish aiid Roger Parish, who were the brothers of the complainant’s wife, and sought, 1st, to recover certain slaves in the possession of said Roger, which the complainant claimed under a deed from Anna Parish, deceased, who was a sister of his wife; 2dly, to set aside as fraudulent an instrument of writing by which…
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Appeal from the Chancery Court of Henry. Heard before the Hon. Wade Keyes. The original bill in this case was filed by Eleazar Galloway, against William Parish aiid Roger Parish, who were the brothers of the complainant’s wife, and sought, 1st, to recover certain slaves in the possession of said Roger, which the complainant claimed under a deed from Anna Parish, deceased, who was a sister of his wife; 2dly, to set aside as fraudulent an instrument of writing by which complainant released his interest in said slaves to said William Parish; 3dly, to enjoin an action at law for the recovery of…
1Opinion of the CourtStone, J.
A cross bill is one means of defense to an original bill, and, as a general rule, its fate is not necessarily decisive of the main suit. It may fail for want of necessary averments, or delect of proof, and still the complainant in the original bill may obtain no relief, for want of equity in his bill, or for a like defect of proof. See Andrews v. Hobson, 23 Ala. 219; Bill v. Shahan, 25 Ala. 694; Nelson v. Dunn, 15 Ala. 501; Daniel’s Ch. Pr. 1742.
In this case, the chancellor dismissed the cross bill, and continued the case made by the original bill. This is not a final decree, under section…
2Cases cited3 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Dill v. ShahanSupreme Court of Alabama · 1854
3Cited by5 opinions
- Herren v. BeckSupreme Court of Alabama · 1935
- Brooks v. WoodsSupreme Court of Alabama · 1867
- Barclay v. SpraginsSupreme Court of Alabama · 1885
- Clark v. SpencerSupreme Court of Alabama · 1885
- Bennett v. HallSupreme Court of Alabama · 1914