White's Heirs v. President of Florence Bridge Co.
Supreme Court of Alabama
The plain tiffs, (some of whom are infants and sue by their next friend,) describing themselves as the heirs at law of James White, late of Abingdon, in the State of Virginia, filed their bill in the Court of Chancery, sitting at Moulton.
Read the full summary
The plain tiffs, (some of whom are infants and sue by their next friend,) describing themselves as the heirs at law of James White, late of Abingdon, in the State of Virginia, filed their bill in the Court of Chancery, sitting at Moulton. It is stated that James White, in his lifetime, was seized and possessed in fee simple, of one eighth part of a ferry across the Tennessee river, at the town of Florence; that the interest of their ancestor descended to the plaintiffs, and that the ferry and landings were of the value of thirty-five thousand dollars; that on the 12th January, 1832, a charter…
1Opinion of the CourtCollier, C. J.
In Forrest and Wife v. Robinson, [2 Ala. Rep. 215,] it was considered clear that where parties by consent, bring a cause to a hearing on bill and answer, the answer must be taken as true, even as to allegations which are irre-sponsive, or set up matters in avoidance. This decision was induced by the 9th rule of Chancery Practice, published .in 1 Stew. Rep. 617, which has been abrogated by the later rules of practice. But the fourteenth of the later rules, [2 Ala. Rep. 12,] provides, “that in all cases a replication shall be considered as filed, unless the record shall plainly disclose that…
2Cases cited1 opinion
- Forrest v. RobinsonSupreme Court of Alabama · 1841
3Cited by2 opinions
- Cox v. DunnSupreme Court of Alabama · 1942
- Marshall v. CroomSupreme Court of Alabama · 1875