Warren v. Crow
Supreme Court of Alabama
Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Suit by J. O. Crow against M. W. Warren and wife, in which defendants procured transfer of ease to equity side of the court and were ordered to file bill of complaint, to which plaintiff filed cross-bill. From decree rendered, defendants appeal.
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Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Suit by J. O. Crow against M. W. Warren and wife, in which defendants procured transfer of ease to equity side of the court and were ordered to file bill of complaint, to which plaintiff filed cross-bill. From decree rendered, defendants appeal. J. O. Crow sued M. W. and Helen Warren in ejectment, and proceeding under General Acts 1915, p. 830 et seq., the defendants filed an affidavit showing that they purchased the land in suit on January 6, 1916, from the owner, F. M. Warren, paid a part of the purchase money and received…
1Opinion of the CourtSomerville, J.
When a defendant at law procures a transfer of his case to the equity side of the court, pursuant to the Act of September 28, 1915 (Gen. Acts 1915, pp. 830-832), in order to make available an equitable defense, it is contemplated that the plaintiff shall file a new or amended complaint in conformity with the chancery practice, and that the defendant shall then present his defense by plea or answer as in chancery. See Peebles v. Bank of Pollard, 201 Ala. 518, 78 South. 872.
[1,2] That would have been the appropriate procedure here; but there was manifestly no prejudice to the defendants at law…
2Cases cited2 opinions
- Winn v. DillardSupreme Court of Alabama · 1877
- Peebles v. Bank of PollardSupreme Court of Alabama · 1918
3Cited by5 opinions
- Fox v. WebbSupreme Court of Alabama · 1958
- Stover v. HillSupreme Court of Alabama · 1922
- Carey v. HartSupreme Court of Alabama · 1922
- Cornelius v. MooreSupreme Court of Alabama · 1922
- Stover v. HillSupreme Court of Alabama · 1922