Conway v. Clark
Supreme Court of Alabama
Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Action by Mrs. W. P. Conway, as guardian of Docie Carpenter, against T. E. Clark and others in ejectment and assumpsit. Prom a judgment for defendants, plaintiff appeals.
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Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Action by Mrs. W. P. Conway, as guardian of Docie Carpenter, against T. E. Clark and others in ejectment and assumpsit. Prom a judgment for defendants, plaintiff appeals. It appears that plaintiff offered in evidence a mortgage executed by the defendant on October 15, 1907, to secure two notes aggregating $188.12. The mortgage was given to secure the price of the lands sued for and the notes which were made the basis of the second count in assumpsit. Plaintiff offered the notes and mortgages which were past due when the suit was…
1Opinion of the CourtAnderson, J.
This complaint contains a count in ejectment as well as counts in assumpsit, and whether or not such actions can be joined, we are not called upon to determine, for the reason that, while the demurrer Avas for misjoinder, the record fails to disclose a ruling upon same.
Rules 20 and 23, Code of 1907, pp. 1533-1535, provide for the appointment of a guardian ad litem for a minor Avho is sued in chancery, and a decree rendered against said minor either pro confesso or upon the hearing in violation of the rule is irregular and will be reversed upon appeal.—Griffith v. Ventress, 91 Ala. 366, 8…
2Cases cited8 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Griffith v. VentressSupreme Court of Alabama · 1890
- Levystein Bros. v. O'BrienSupreme Court of Alabama · 1894
- Estes v. BridgforthSupreme Court of Alabama · 1896
- Mitchel v. HardieSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McDaniel v. McElvySupreme Court of Florida · 1926
- Hamilton v. TolleySupreme Court of Alabama · 1923
- Citizens Walgreen Drug Agency, Inc. v. Gulf InsuranceSupreme Court of Alabama · 1968
- Polk v. Chase National Co.Supreme Court of Florida · 1935
- Doss v. TerrySupreme Court of Alabama · 1951
5 more not listed; retrieve them via the Exa API.