Powell v. Jones
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. The record does not show the name of the chancellor who presided in the court below. ' The bill in this case was tiled on November 13th. 1878, by James R. Powell, against Urban L. Jones, I). P. Forney, and the heirs of S. S. Houston, deceased, and contained the following allegations: (1.) • On April 17th, 1860, Governor A. B. Moore, acting under authority conferred on him by an act of the General Assembly of Alabama, approved…
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Appeal from the Chancery Court of Montgomery. The record does not show the name of the chancellor who presided in the court below. ' The bill in this case was tiled on November 13th. 1878, by James R. Powell, against Urban L. Jones, I). P. Forney, and the heirs of S. S. Houston, deceased, and contained the following allegations: (1.) • On April 17th, 1860, Governor A. B. Moore, acting under authority conferred on him by an act of the General Assembly of Alabama, approved February 24th, 1860, entitled “An act to secure to the State of Alabama the lands appropriated to the State of Arkansas and…
1Opinion of the CourtSomeryille, J.
-The present appeal is taken from a decree of the Chancery Court, sustaining a motion to dismiss appellant’s bill for want of equity; also sustaining a demurrer interposed by one or more of the defendants, going to the equity of the case made by the bill. In reviewing the correctness of this ruling, we must, of course,, take as true the facts alleged in the bill, so far as well pleaded; and we can not look to, or consider, the denials of the several answers.
The claim of the appellant, Powell, here sought to be enforced, is for certain moneys alleged to have been advanced by him to pay the…
2Cases cited11 opinions
- State v. JohnstonTennessee Supreme Court · 1847
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Perminter v. KellySupreme Court of Alabama · 1851
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Russell v. GarrettSupreme Court of Alabama · 1920
- Ross & Co. v. PerrySupreme Court of Alabama · 1894
- Williams, Deacon & Co. v. JonesSupreme Court of Alabama · 1884
- Palmer v. JamesSupreme Court of Alabama · 1924
- Redd Chemical & Nitrate Co. v. W. T. Clay Mercantile Co.Supreme Court of Alabama · 1929