Carmichael v. Pond
Supreme Court of Alabama
Appeal from Coosa Chancery Court,, Heard before Hon. W. W. Whiteside. Bill by Henry W. Pond, as administrator, against D. M. Carmichael and others, for discovery. Decree over: ruling demurrers to the amended bill, and respondents appeal. The original bill sufficiently appears from the opinion.
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Appeal from Coosa Chancery Court,, Heard before Hon. W. W. Whiteside. Bill by Henry W. Pond, as administrator, against D. M. Carmichael and others, for discovery. Decree over: ruling demurrers to the amended bill, and respondents appeal. The original bill sufficiently appears from the opinion. The bill was amended by the further allegation that the respondents have knowledge of the custody, or have the actual custody, of said paper writing and money above referred to, that the discovery herein sought is material, and that without such discovery orator is unable to maitain this suit because of…
1Opinion of the Court
MAYFIELD, J.—(1) This is a bill the sole equity of which is discovery. ' The case "made'' the bill is: *496that complainant is the administrator of the estate of R. A. Lessly; that certain promissory notes made by some of the respondents to his intestate, and certain moneys, and certain deeds or conveyances forming the muniments of title to the estate of his intestate, are in the possession of some one of the respondents or their agents or confederates; that complainant does not know, and cannot ascertain without the aid of a court of equity, the particular one of the respondents, agents, or…
2Cases cited4 opinions
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- Nixon v. Clear Creek Lumber Co.Supreme Court of Alabama · 1907
- Wood v. HudsonSupreme Court of Alabama · 1892
- Alston v. GravesSupreme Court of Alabama · 1844
3Cited by4 opinions
- Ex Parte Anniston Personal Loans, Inc.Supreme Court of Alabama · 1957
- Loftin v. SmithSupreme Court of Alabama · 1948
- Johnston v. JohnstonSupreme Court of Alabama · 1951
- Wade v. Brantley & Crawley Const. Co.Supreme Court of Alabama · 1935