Wadsworth v. Goree
Supreme Court of Alabama
Appeal from tbe Chancery Court of Elmore. Heard before the Hon. S. K. McSpadden. (1.) On an appeal from a final decree, errors may be assigned on a decree overruling a demurrer, if no appeal from such interlocutory decree was taken within thirty days of its rendition.- — Code, § 3612. (2.) Trespass to lands is the gravamen of the bill. It is shown that Wadsworth is in possession, and is cutting the timber under claim of title.
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Appeal from tbe Chancery Court of Elmore. Heard before the Hon. S. K. McSpadden. (1.) On an appeal from a final decree, errors may be assigned on a decree overruling a demurrer, if no appeal from such interlocutory decree was taken within thirty days of its rendition.- — Code, § 3612. (2.) Trespass to lands is the gravamen of the bill. It is shown that Wadsworth is in possession, and is cutting the timber under claim of title. The bill does not allege his insolvency, or show that complainant’s remedies at law are inadequate. There is no equity in the bill. JBrooJcs v. Diaz, 35 Ala. 599;…
1Opinion of the CourtStone, C. J.
In Wadsworth’s answer is embodied a demurrer to the bill for want of equity. That demurrer was set down for hearing, and a decretal order was rendered September 11, 1889, overruling the demurrer, and declaring the bill contained equity. No appeal was taken from that interlocutory order. On September 10,1890, the chancellor rendered a final decree, granting relief to complainant, Go-ree, and perpetuating the injunction against Wadsworth. Wadsworth took the present appeal to this court December 8, 1890, more than twelve months after the decretal order was rendered overruling the demurrer to the…
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