Darden's Adm'r v. Burns' Adm'r
Supreme Court of Alabama
Writ of error to the Court of Chancery for the county of Benton. In July, 1842, the plaintiffs in error, who are, Benjamin Matti-son, adm’r of Lemuel G. Darden, dec’d, Janies H. Harris, Richard Sawyer, Jesse G. Cobb and John Goodin, filed their bill against James L. Simmons, adm’r of Wm. Burns, dec’d, and Mary McGraw.
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Writ of error to the Court of Chancery for the county of Benton. In July, 1842, the plaintiffs in error, who are, Benjamin Matti-son, adm’r of Lemuel G. Darden, dec’d, Janies H. Harris, Richard Sawyer, Jesse G. Cobb and John Goodin, filed their bill against James L. Simmons, adm’r of Wm. Burns, dec’d, and Mary McGraw. The case stated in the bill, so far as it is necessary to notice it, is substantially as follows, viz: on the ninth of December, 1790, Benjamin Averitt made his last will and testament, in which are the following bequests and explanatory clause: “I give to my daughter Isabella,…
1Opinion of the CourtCollier, C. J.
It is needless to inquire whether the case made by the complainant, is proper for a bill of interpleader, technically so called, [Story’s Eq. Plead. 237,241,] as there are many cases where a bill in the nature of a bill of interpleader, will lie by a party in interest, to ascertain and establish his own rights, where there are other conflicting rights between third persons. Thus a purchaser may file a bill in the nature of a bill of inter-pleader against the vendor or his assignee, and any creditor who seeks to avoid the title of the assignee, and pray the direction of the court, as to w’hom…
2Cited by15 opinions
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