Williams, Deacon & Co. v. Jones
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 29th August, 1884, by Winston Jones, as assignee, or trustee, in a deed of assignment executed by the Bank of Mobile for the benefit of its creditors, against the said corporation and its creditors; asking that the court would take jurisdiction of the trust, instruct the complainant in the discharge of his duties, require all the creditors to come…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 29th August, 1884, by Winston Jones, as assignee, or trustee, in a deed of assignment executed by the Bank of Mobile for the benefit of its creditors, against the said corporation and its creditors; asking that the court would take jurisdiction of the trust, instruct the complainant in the discharge of his duties, require all the creditors to come in and propound their claims, settle all conflicting claims and equities, and administer the assets as required by law…
1Opinion of the CourtStone, C. J.
There is such a repugnancy between the original answer and cross-bill filed by Williams, Deacon & Co., and the amended answer and cross-bill subsequently filed by them, that we think the demurrer to it was properly sustained. The chancellor’s reasons for his ruling are strong and well put, and we could add nothing to them. The authorities supporting his conclusion will be found in the briefs of counsel.
The chancellor dismissed the amended cross-bill withoutprejudice, and this is made the subject of a cross-assignment of error. It is contended for appellee, that the pleadings show a final and…
2Cases cited4 opinions
- Caldwell v. KingSupreme Court of Alabama · 1884
- Williams, Deacon & Co. v. JonesSupreme Court of Alabama · 1884
- Heyer Bros. v. Bromberg Bros.Supreme Court of Alabama · 1883
- Tatum Bros. v. WalkerSupreme Court of Alabama · 1884
3Cited by2 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Williams v. CooperSupreme Court of Alabama · 1894