Brantley v. West
Supreme Court of Alabama
Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. Clark. This bill was filed’ by Jonathan S. Brantley against James West, and alleged these facts : That in April, 1846, complainant, being possessed of six slaves, an undivided interest in certain real estate lying in Wilcox county, and some other personal property, and having fallen into intemperate habits, by which his physical and mental powers were greatly enfeebled and impaired, and his pecuniary…
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Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. Clark. This bill was filed’ by Jonathan S. Brantley against James West, and alleged these facts : That in April, 1846, complainant, being possessed of six slaves, an undivided interest in certain real estate lying in Wilcox county, and some other personal property, and having fallen into intemperate habits, by which his physical and mental powers were greatly enfeebled and impaired, and his pecuniary circumstances greatly embarrassed, was induced by tbe earnest solicitations of the defendant, who was his brother-in-law,…
1Opinion of the CourtChilton, C. J.
The general rule is, that no relief can be granted upon matters not charged in the bill, although the same may appear in proof, for the decree must be predicated upon the allegations and the proof. This rule is founded upon the substantial reason, that the bill, by its allegations, ■ ought to apprise the defendant of what he is expected to meet and defend against. If a contract materially different from that set up in the bill might be proved, and a decree rendered upon such proof, the defendant would often bo taken by surprise, and be denied the privilege of making his defence. Indeed, all…
2Cases cited3 opinions
- Jenison v. GravesIndiana Supreme Court · 1831
- Chapman v. HughesSupreme Court of Alabama · 1848
- Vanmeter v. McFaddinCourt of Appeals of Kentucky · 1848
3Cited by25 opinions
- West v. HendrixSupreme Court of Alabama · 1856
- Corley v. VizardSupreme Court of Alabama · 1919
- Peeples v. StollaSupreme Court of Alabama · 1876
- Knaus v. DreherSupreme Court of Alabama · 1887
- Baird v. HowisonSupreme Court of Alabama · 1908
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