Singo v. Brainard
Supreme Court of Alabama
Appeal from Montgomery' City Court. Heard before Hon. Wm. H. Thomas. Bill by Will Singo and others against Mark D. Brainard to set aside a sale and declare a trust. From a decree sustaining demurrer to the amended bill-, complainants appeal.
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Appeal from Montgomery' City Court. Heard before Hon. Wm. H. Thomas. Bill by Will Singo and others against Mark D. Brainard to set aside a sale and declare a trust. From a decree sustaining demurrer to the amended bill-, complainants appeal. A general demurrer should never be sustained unless complainant’ is without right to equitable relief. — Seals v. Robinson, 75 Ala. 863. Under the facts stated in the bill the relation is properly set out, the undue influence fully alleged and a proper case made for relief by the client against the acts of the attorney. — Johnson v. Johnson, 5 Ala. 90;…
1Opinion of the CourtAnderson, J.
This case on former appeal is reported in 164 Ala. 353, 51 South. 522. It was there held that the bill was without equity, and the demurrer for want of equity was sustained, but there was no formal decree of this court dismissing the bill; the cause being remanded to the lower court.
As we understand the amendment to the bill, it does not attack the decree of the probate court for fraud ; for, while it sets up fraudulent acts and omissions on the part of respondent, Brainard, in and about the defense and prosecution of the probate proceeding, it does not charge the beneficiaries, under said…
2Cases cited6 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Lide v. ParkSupreme Court of Alabama · 1902
- Rose v. GibsonSupreme Court of Alabama · 1881
- McCrory v. GuytonSupreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Penton v. Brown-Crummer Inv. Co.Supreme Court of Alabama · 1930
- McDuffie v. Lynchburg Shoe Co.Supreme Court of Alabama · 1912
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Amann v. BurkeSupreme Court of Alabama · 1939
- Ezzell v. First Nat. Bank of RussellvilleSupreme Court of Alabama · 1928
18 more not listed; retrieve them via the Exa API.