Rembert v. Brown
Supreme Court of Alabama
Error to the Chancery Court of Dallas. Tried before the Hon. Wilie W. Mason. This was a bill filed by the plaintiffs in error as administrators on the estate of William C. Wood, deceased.
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Error to the Chancery Court of Dallas. Tried before the Hon. Wilie W. Mason. This was a bill filed by the plaintiffs in error as administrators on the estate of William C. Wood, deceased. The facts alleged in the bill, so far as they are material to a proper understanding of the opinion of the court, are substantially these : The intestate, and his brother, Middleton G. Wood, in 1834 and up to 1839, owned jointly a large plantation in Perry county, connected with which wTas a blacksmith shop that yielded an annual nett profit of from a thousand to fifteen hundred dollars. The two brothers…
1Opinion of the CourtDab.gan, C. J.
Without inquiring into the particular merits of this cause at this time, as that can be better done on the final hearing, when the evidence is before the court, we will briefly examine whether the chancellor erred in dissolving the injunction.
We do not think it can be doubted but that the bill contains equity. As a general rule, if there has been an account stated between the parties, this will be a bar to discovery and relief; but if there has been mistake, omission, accident, or fraud, or .undue advantage, by which the balance is 'incorrectly fixed or ascertained, a court of equity will not…
2Cited by22 opinions
- Davis v. Sowell & Co.Supreme Court of Alabama · 1884
- Barton v. BartonSupreme Court of Alabama · 1883
- Dickinson v. Lewis, Garthwaite & Co.Supreme Court of Alabama · 1859
- Barnard v. DavisSupreme Court of Alabama · 1875
- McKinster v. HitchcookNebraska Supreme Court · 1886
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