Felder v. Davis
Supreme Court of Alabama
Error to (he Chancery Court of Macon. Tried before the Hon. David G. Ligón. The bill, which was filed by the plaintiffs against the defendants in error, alleges that Elizabeth Felder is the daughter of Bud Davis, deceased, and the wife of B. B. Felder, one of the defendants,'and that the other complainants are the children of the said Elizabeth and B. B. Felder; that in 1837 the said Bud Davis by deed of gift conveyed negro slaves Sam, Jack, Ansey, Cinda, Harry, Edy, Katy,…
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Error to (he Chancery Court of Macon. Tried before the Hon. David G. Ligón. The bill, which was filed by the plaintiffs against the defendants in error, alleges that Elizabeth Felder is the daughter of Bud Davis, deceased, and the wife of B. B. Felder, one of the defendants,'and that the other complainants are the children of the said Elizabeth and B. B. Felder; that in 1837 the said Bud Davis by deed of gift conveyed negro slaves Sam, Jack, Ansey, Cinda, Harry, Edy, Katy, and Jackson, to one James Davis, (another defendant,) in trust for said Elizabeth and her children, to be employed by her…
1Opinion of the CourtDargan, C. J.
After a deliberate re-examination of this case, I am satisfied that the bill is liable to the objection of multifariousness. It is true that general rules cannot be laid down that will guide us correctly in all cases in determining whether a bill is multifarious or not, and every case must depend on its own peculiar circumstances; yet we think we can safely say that if the several defendants are not shown to claim the title asserted by the complainant, nor to have derived their title from the same source from which the complainant claims to derive his, but if on the contrary it is shown that…
2Cases cited2 opinions
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
3Cited by3 opinions
- Halstead v. ShepardSupreme Court of Alabama · 1853
- Fleming v. GilmerSupreme Court of Alabama · 1859
- Bean v. Bean's Adm'rSupreme Court of Alabama · 1860