Vandeford v. Stovall
Supreme Court of Alabama
Appeal from the Chancery Court of Walker. Heard before the Hon. Thomas Cobbs. The bill in this case was filed for the establishment of a resulting trust in land. The original bill was filed by the appellee, A. M. Stovall, against Mary J. Stovall and the appellants. The appellants filéd their joint answer to the original bill, and also a cross-bill against the complainant in the original bill and Mary J. Stovall.
Read the full summary
Appeal from the Chancery Court of Walker. Heard before the Hon. Thomas Cobbs. The bill in this case was filed for the establishment of a resulting trust in land. The original bill was filed by the appellee, A. M. Stovall, against Mary J. Stovall and the appellants. The appellants filéd their joint answer to the original bill, and also a cross-bill against the complainant in the original bill and Mary J. Stovall. The complainant demurred to the cross-bill, which demurrer was sustained. Afterwards an amendment was made to the cross-bill, which does not appear to have been demurred to, but was…
1Opinion of the CourtHaralson, J.
Before final decree, the amendment of a bill, by striking out or adding new parties, is a matter of right. When the complainant, therefore, moved to strike out as defendants, the names of the ’ *347several parties who filed'a cross-bill in the case, it was not a matter of discretion with the court to allow or disallow the amendment, but one imposed on it as a legal duty to allow.—Code of 1886, § 3449 ; Code of 1896, § 706 ; Fite v. Kennamer, 90 Ala. 473 ; Ex parte Ashurst, 100 Ala. 573.
The bill alleges the purchase by complainant from the four’persons, complainants in the cross-bill ,-r-made…
2Cases cited2 opinions
- Ex parte AshurstSupreme Court of Alabama · 1892
- Fite, Porter & Co. v. KennamerSupreme Court of Alabama · 1890
3Cited by4 opinions
- Ex Parte ConradiSupreme Court of Alabama · 1923
- Denson v. FooteSupreme Court of Alabama · 1962
- Kirby v. PuckettSupreme Court of Alabama · 1917
- Denson v. FooteSupreme Court of Alabama · 1962