Moody v. Bibb
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Dillard. The facts of this case, as stated in the opinion of the court, were these: “ The bill was filed by John D. Bibb and others, as the heirs and distributees of the estate of Rufus R. Sims, deceased, against Washington Moody, as the guardian of said Sims in his lifetime, and against William P. May, as the administrator of the estate of said Rufus R. Sims, and others interested in his estate.
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Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Dillard. The facts of this case, as stated in the opinion of the court, were these: “ The bill was filed by John D. Bibb and others, as the heirs and distributees of the estate of Rufus R. Sims, deceased, against Washington Moody, as the guardian of said Sims in his lifetime, and against William P. May, as the administrator of the estate of said Rufus R. Sims, and others interested in his estate. The assignment of errors, however, seems to confine the contest in this court wholly to the defendant Moody, who is the principal…
1Opinion of the CourtPeters, C. J.
It is not necessary, in the present condition of this suit, to go into any very minute statement of the facts set out in the bill and answers. There is no serious collision in these statements, except upon the allegations charging fraud, which it is not my purpose at present to consider. Taking the undisputed facts set out in the pleadings, did the chancellor err in his decree in the court below, from which this appeal is taken ?
This is a suit in chancery. That jurisdiction seeks to enforce the law, but only in such a manner as shall result in the most strict justice to all the parties on…
2Cases cited18 opinions
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- Gunn v. BarrySupreme Court of the United States · 1873
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3Cited by23 opinions
- Whetstone v. Whetstone's Ex'rsSupreme Court of Alabama · 1883
- Fowler v. FowlerSupreme Court of Alabama · 1929
- Hale v. CoxSupreme Court of Alabama · 1941
- State Ex Rel. McIntyre v. McEachernSupreme Court of Alabama · 1936
- Borum v. BellSupreme Court of Alabama · 1902
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