Legal Opinion

Abernathy v. Bankhead

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 5 opinions

Appeal from Lamar Chancery Court. Heard before lion. Thomas Cobbs. The bill in this case was filed on 7th July, 1881, by John B. Abernathy, as the administrator of the estate of James B. Bankhead, deceased, against Sarah A. Bankhead, John D. Terrell and R. M. Abernathy; and its material averments are substantially as follows: James B. Bankhead died intestate on 1st July, 1880, seized and possessed of real and personal property, and leaving him surviving his widow, the said…

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Appeal from Lamar Chancery Court. Heard before lion. Thomas Cobbs. The bill in this case was filed on 7th July, 1881, by John B. Abernathy, as the administrator of the estate of James B. Bankhead, deceased, against Sarah A. Bankhead, John D. Terrell and R. M. Abernathy; and its material averments are substantially as follows: James B. Bankhead died intestate on 1st July, 1880, seized and possessed of real and personal property, and leaving him surviving his widow, the said Sarah A. Bankhead, and several brothers and sisters, and children of deceased brothers and sisters, as his heirs at law,…

1Opinion of the CourtSomeryille, J.

It is our judgment that the bill in this case was properly dismissed for want of equity. The remedy of the complainant at law was clear, adequate, and complete for all purposes. When this is so, the remedy at law being neither doubtful nor obscure, the rule has always been that equity will decline to assert jurisdiction; and the statute merely re-affirms this well settled principle of equity jurisprudence. *1931 Story’s Eq. Jur. § 33; 1 Daniell’s Ch. Pr. 551; 1 Brick. Dig. p. 639, § 3 Code, 1876, § 616.

If the defendants, or either of them, unlawfully took, received, interfered with, or converted…

2Cases cited1 opinion

  1. Darden v. ReeseSupreme Court of Alabama · 1878

3Cited by5 opinions

  1. Seals v. Pheiffer & Co.Supreme Court of Alabama · 1884
  2. Marx v. NelmsSupreme Court of Alabama · 1891
  3. Johnston v. JohnstonSupreme Court of Alabama · 1951
  4. Winfrey v. ClarkeSupreme Court of Alabama · 1894
  5. Ex parte JohnstonSupreme Court of Alabama · 1953

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