Henry v. Tennessee Live Stock Co.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. H. Simpson. Bill by the Tennessee Live Stock Company against Joe L. Henry and others, for the purposes mentioned in the opinion. Decree for complainant and defendants appeal.
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Appeal from Marshall Circuit Court. Heard before Hon. W. H. Simpson. Bill by the Tennessee Live Stock Company against Joe L. Henry and others, for the purposes mentioned in the opinion. Decree for complainant and defendants appeal. When a bill in equity is brought in several aspects, each aspect must state a good cause of action, and if either aspect is demurable, the whole bill is defective. — Curran v. Armstead, 101 Ala. 692; Mountain v. Whitman, 103 Ala. 630; Taylor v. Dwyer, 131 Ala. 91. The bill in this case clearly breached the rule. — Pollack v. Muscogee Co., 108 Ala. 467; Williams v.…
1Opinion of the CourtMayfield, J.
The bill as originally filed was to declare void and annul certain mortgages, contracts, or conveyances purporting to he executed in the name of the complainant corporation, by one Grizzell, to the defendants, Sam Henry & Son, and to Joe L. Henry, because said Grizzell had no authority to execute such documents for the corporation, and because there was no consideration to support them, aud that they were obtained by undue influence, etc., and to have the said grantees, mortgagees, etc., account to the corporation for the property thereby acquired and that they be declared held as trustees ex…
2Cases cited7 opinions
- Scott v. WareSupreme Court of Alabama · 1879
- Glass v. GlassSupreme Court of Alabama · 1884
- Ward v. PattonSupreme Court of Alabama · 1883
- Mountain v. WhitmanSupreme Court of Alabama · 1893
- Curran & Co. v. Olmstead & ScheuingSupreme Court of Alabama · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- National Union Fire Ins. Co. v. LassetterSupreme Court of Alabama · 1932
- Thompson v. BrownSupreme Court of Alabama · 1917
- Boutwell v. Spurlin Mercantile Co.Supreme Court of Alabama · 1919
- Blair v. JonesSupreme Court of Alabama · 1918
- Nelson v. BoeSupreme Court of Alabama · 1933
2 more not listed; retrieve them via the Exa API.