Daughdrill v. Helms
Supreme Court of Alabama
Appeal from Chancery Court of Cherokee. Heard before Hon. B. B. Me Cea w. The appellee Helms, as administrator de bonis non of the estate of John Howard deceased, filed this bill on the 24th of August 1870, against the appellant, J. H. DaughdriU, to subject to the payment of the purchase money, certain lands which DaughdriU had purchased from his intestate.
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Appeal from Chancery Court of Cherokee. Heard before Hon. B. B. Me Cea w. The appellee Helms, as administrator de bonis non of the estate of John Howard deceased, filed this bill on the 24th of August 1870, against the appellant, J. H. DaughdriU, to subject to the payment of the purchase money, certain lands which DaughdriU had purchased from his intestate. The bill alleges that the lands were sold to DaughdriU and Crigler, about the 9th day of February 1863, for the sum of five thousand and five hundred dollars, and to secure a part of the price DaughdriU and Crigler executed two promissory…
1Opinion of the CourtManning, J.
The demurrer of defendant in this cause was filed with his answer ; and the attention of the court appears not to have been directed to it. No judgment is thereupon rendered. The submission entry recites : “This day came the parties by their solicitors, and this cause is submitted for final decree on the pleadings and proof.” Then follows a note of the evidence offered on behalf of each party. As nothing was said about the demurrer, and the parties proceeded to a trial, we must consider that the demurrer was waived by defendant. Chapman v. Hamilton, 19 Ala., 121.
No objection was taken by…
2Cases cited2 opinions
- McMaken v. McMakenSupreme Court of Alabama · 1851
- Chapman v. HamiltonSupreme Court of Alabama · 1851
3Cited by4 opinions
- Phillips v. TowlesSupreme Court of Alabama · 1882
- Harper v. CampbellSupreme Court of Alabama · 1893
- Jenks v. JenksSupreme Court of Alabama · 1974
- Billing v. GilmerCourt of Appeals for the Fifth Circuit · 1894