Moore v. Dial
Supreme Court of Alabama
1st 1S25, G-. Moore filed his .bill in Chancery, in Madison Circuit Court, against R, Rial, He charged, that i.n 7.515, he executed his bond to said'Dial, as guardian- of 6a* briol M. Clarke and Newton D. Clarke, in the penalty of $200, with a condition as follows: “The condition of the above obligation is such, that whereas the said G. Moore promises and binds himself to make unto the said Robert Dial and Elizabeth Dial his wife, or the longest liver of them, a life estate…
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1st 1S25, G-. Moore filed his .bill in Chancery, in Madison Circuit Court, against R, Rial, He charged, that i.n 7.515, he executed his bond to said'Dial, as guardian- of 6a* briol M. Clarke and Newton D. Clarke, in the penalty of $200, with a condition as follows: “The condition of the above obligation is such, that whereas the said G. Moore promises and binds himself to make unto the said Robert Dial and Elizabeth Dial his wife, or the longest liver of them, a life estate in one half of the north east quarter oi section No. 11, in the township No. 1, in range 1, west of the basis meridian,…
1Opinion of the Court
By JUDGE COLLIER.*
The view we take of the case does not render it necessary to examine the answer and proof.
In every Chancery suit, it is material to inquire whether equity has jurisdiction of the cause; for if it has not, no matter how meritorious in point of abstract justice the case may be, relief cannot there be afforded. Whenever the right is manifest, the jurisdiction is tested by inquiring whether the Courts of law are competent to afford an adequate remedy. It is a rule confessedly well established, that if the remedy be unembarrassed in these Courts, it cannot be sought in Chancery..…
2Cited by3 opinions
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- Kriechbaum v. BridgesSupreme Court of Iowa · 1855
- Boswell v. TownsendSupreme Court of Alabama · 1876