Durr v. Hanover National Bank
Supreme Court of Alabama
Appeal from Shelby Chancery Court. Heard before Hod. W. W. Whiteside. Bill by Hanover National Bank and others against John W. Durr and others. Decree for complainants, and respondents appeal. ' The original bill was filed for the foreclosure of a mortgage by sale.
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Appeal from Shelby Chancery Court. Heard before Hod. W. W. Whiteside. Bill by Hanover National Bank and others against John W. Durr and others. Decree for complainants, and respondents appeal. ' The original bill was filed for the foreclosure of a mortgage by sale. While the suit was pending the interest of one of the complainants was transferred to Meyer L. Greil, and thereafter he and the other complainants entered into a written agreement for an adjustment of the matters involved. By the terms of this agreement the respondent Durr was to execute to a trustee for the benefit of the…
1Opinion of the CourtAnderson, J.
The amended hill is in the alterna,-tive, and it may seek inconsistent relief; hut it relates -to the same subject-matter, and section 3095 of the Code of 1907 would he meaningless if it did not apply .to a case like the present one. Said section reads as follows: “Multifariousness. — Unless taken by demurrer, objection to a bill because of multifariousness must not be entertained. A bill is not .multifarious which seeks alternative or inconsistent relief growing out of the same ■subject-matter or founded on the same contract or transaction, or relating to the same property between the ■same…
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- Kant v. Atlanta, Birmingham & Atlantic R. R.Supreme Court of Alabama · 1914
- Black v. WoodruffSupreme Court of Alabama · 1915
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