Kyle v. Mary Lee Coal & Railway Co.
Supreme Court of Alabama
Appeal from the City Court of Gadsden, in Equity. Heard before the Hon. John H. Disque. The bill in this case was filed on October 28, 1895, by the appellant, Robert B. Kyle, against the appellees.
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Appeal from the City Court of Gadsden, in Equity. Heard before the Hon. John H. Disque. The bill in this case was filed on October 28, 1895, by the appellant, Robert B. Kyle, against the appellees. It was averred in the bill that on the 4th day of August, 1893, the Mary Lee Coal & Railway Company caused and procured an attachment issued out of the city court of Gadsden at the, suit of the Mary Lee Coal & Railway Company against the Etowah Furnace Company, to be levied on a certain lot of pig iron; that on the 17th day of August, 1893, the Alabama Great Southern Railroad Company made affidavit…
1Opinion of the CourtHaralson, J.
1. One of the essential elements of the equitable remedy of interpleader, as laid down is, that all the adverse titles or claims to the thing or debt, in reference to which the bill is filed, must be dependent, or be derived from a common source. “Where there is no privity between the claimants, where their titles are independent, not derived from a common source, but each asserted as wholly paramount to the other, the stake-holder is obliged, in the language of the authorities, to defend himself as well as he can against each sejiarate demand ; a court of equity will not grant him an…
2Cases cited3 opinions
- Gibson v. GoldthwaiteSupreme Court of Alabama · 1845
- Crass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1892
- Conley v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1880
3Cited by10 opinions
- Stephenson v. BurdettWest Virginia Supreme Court · 1904
- Northwestern Mutual Life Insurance v. KidderIndiana Supreme Court · 1904
- Blackburn v. FitzgeraldSupreme Court of Alabama · 1900
- Hoyt v. GougeSupreme Court of Iowa · 1904
- Pratt v. First Nat. Bank of FayetteSupreme Court of Alabama · 1942
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