Legal Opinion

Conner & Wife v. Smith

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 24 opinions

Appeal from tbe Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The original bill in this case was filed on the 17th February, 1877, by Thomas U. Conner and his wife, who was a daughter of William H. Moore, jointly with the other children of said Moore, against Elon G. Smith, B. H. Herstein, M. Bernstein, and others; and sought to redeem certain property, particularly a block of stores in Huntsville, which had been conveyed by said Moore to his children, by…

Read the full summary

Appeal from tbe Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The original bill in this case was filed on the 17th February, 1877, by Thomas U. Conner and his wife, who was a daughter of William H. Moore, jointly with the other children of said Moore, against Elon G. Smith, B. H. Herstein, M. Bernstein, and others; and sought to redeem certain property, particularly a block of stores in Huntsville, which had been conveyed by said Moore to his children, by deed dated September 11th, 1866, in payment of an admitted indebtedness “to a large amount,” as therein stated. In…

1Opinion of the CourtMcCLELLAN, J.

This case has been twice before in this court, on appeals by the complainants and defendants, respectively, from decrees of the Chancery Court on demurrers to the bill. — Smith v. Conner, 65 Ala. 371; Conner v. Smith, 74 Ala. 115. On the last appeal, the averments of the bill as to the items of credit claimed by the complainants against the mortgage debt were held to be insufficient. A state of the testimony indicated by the bill and. exhibits was also adverted to by this court, and held to render the bill multifarious, assuming that the facts indicated would be the proof in the case; and the…

2Cases cited19 opinions

  1. James v. JamesSupreme Court of Alabama · 1876
  2. Washington v. TimberlakeSupreme Court of Alabama · 1883
  3. Patrick v. PettySupreme Court of Alabama · 1887
  4. Crocker v. Clements' Adm'rSupreme Court of Alabama · 1853
  5. Gafford v. Proskauer & Co.Supreme Court of Alabama · 1877

14 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Bull v. United StatesSupreme Court of the United States · 1935
  2. Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
  3. Pennsylvania R. Co. v. MillerCourt of Appeals for the Fifth Circuit · 1941
  4. Harton v. BelcherSupreme Court of Alabama · 1915
  5. State v. Arkansas Brick & Manufacturing Co.Supreme Court of Arkansas · 1911

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API