Poe v. Davis
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. James B. Clark. This bill was filed by Raza H. Poe and George Trawick, the appellants, against David Stanley and Sarah, his wife, and Willis Davis, the administrator of Nathaniel Davis, de- ■ ceased ; seeking to enforce an assignment by said Stanley’ and wife of their distributive interest in the estate of said Nathaniel Davis, deceased, who was the father of Mrs. Stanley, and to enjoin the administrator…
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Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. James B. Clark. This bill was filed by Raza H. Poe and George Trawick, the appellants, against David Stanley and Sarah, his wife, and Willis Davis, the administrator of Nathaniel Davis, de- ■ ceased ; seeking to enforce an assignment by said Stanley’ and wife of their distributive interest in the estate of said Nathaniel Davis, deceased, who was the father of Mrs. Stanley, and to enjoin the administrator from paying it over to them. It alleged, in substance, that said Nathaniel Davis died in December, 1846, or January, 1847,…
1Opinion of the CourtChilton, C. J.
Although the modern decisions have relaxed the rigor of the law, as declared by the earlier adjudged cases, upon the subject of maintenance and champerty ; yet that doctrine obtains, both in courts of law and equity, and is not confined to cases of purchases by persons occupying some fiduciary or confidential relation to the* vendor. The doctrine is founded on principles of sound public policy, and is designed to check vexatious litigation, and to promote purity and efficiency in the administration of justice. It is true, as remarked by Judge Kent, that the state of society, out of which the…
2Cases cited2 opinions
- Holloway v. LoweSupreme Court of Alabama · 1838
- Elliott v. McClellandSupreme Court of Alabama · 1850
3Cited by5 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Gilman, Son & Co. v. JonesSupreme Court of Alabama · 1888
- In re the Probate of a Paper Propounded as the Last Will & Testament of ZimmermanNew York Surrogate's Court · 1918
- Ware's Adm'r v. RussellSupreme Court of Alabama · 1881
- Price v. CarneySupreme Court of Alabama · 1883