Curtis v. Curtis
Supreme Court of Alabama
Appeal from Wilcox Chancery Court. Heard before Hon. Ti-ios. H. Smith. Bill by A. B. Curtis against M. E. Curtis to correct or reform the transfer of certain written instruments. After final decree as between the original parties, J. H. Curtis, as administrator, applied for intervention and from an order denying his petition he appeals. There was a privity and not a new and independent claim and nothing in the way of new issues was attempted to be raised.
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Appeal from Wilcox Chancery Court. Heard before Hon. Ti-ios. H. Smith. Bill by A. B. Curtis against M. E. Curtis to correct or reform the transfer of certain written instruments. After final decree as between the original parties, J. H. Curtis, as administrator, applied for intervention and from an order denying his petition he appeals. There was a privity and not a new and independent claim and nothing in the way of new issues was attempted to be raised. Hence, the petitioner was entitled to intervention. — 11 A. & E. Ency P. & P., 495; Renfroe v. Goetter, 78 Ala. 311; Corbin v. Jones, 55…
1Opinion of the CourtMayfield, J.
The original bill was filed by appellee against M. E. Curtis to correct or reform the transfer of a certain note and mortgage. The defendant filed a cross-bill, asking for an accounting and foreclosure. After a final .decree, settling the equities and affirming the findings of the register as to an accounting, the appellant filed a petition seeking to intervene and to contest the right of the complainant to one of the notes *66secured by the mortgage which was foreclosed. He did not seek to claim a part of the fund in court, to be administered, but denied the plaintiff’s claim or right thereto.…
2Cases cited5 opinions
- Ex parte PrintupSupreme Court of Alabama · 1888
- Ex parte GraySupreme Court of Alabama · 1908
- Renfro Bros. v. Goetter, Weil & Co.Supreme Court of Alabama · 1884
- Carlin v. JonesSupreme Court of Alabama · 1876
- Ex parte BreedloveSupreme Court of Alabama · 1897
3Cited by12 opinions
- Monticello Building Corp. v. Monticello Investment Co.Supreme Court of Missouri · 1932
- Davis v. WardeSupreme Court of Georgia · 1923
- Cortner v. GalyonSupreme Court of Alabama · 1931
- Switow v. SherSupreme Court of Florida · 1939
- Ebersbach Construction Co. v. Charles Ringling Co.Supreme Court of Florida · 1930
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