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130 Ala. 266

Coleman v. Butt

Supreme Court of Alabama

Decided November 15, 1900

Supreme Court of Alabama · decided 1900-11-15

Heard before the Hon. G-. K. Miller. The appellee, complainant in the court below, filed his bill against the appellant, seeking to have a right of way established over certain lands, which right of way he claimed by express grant as a purchaser from the original grantee,, and over lands which the respondent below acquired by purchase from the original grantor, and seeking to have the right of way defined and opened, and the respondent enjoined from further disturbance of…

Relies on Seals v. Robinson & Co. · South & North Ala. R. R. v. Highland Av. & Belt R. R. · Lide v. Hadley

Good law ✅— No negative treatment on recordhow we know

Decided 1900-11-15

How this case has been cited

Cited by 14 later decisions — most recently March 1986

1 district · 12 state decisions

40190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DOWDELL, J.

¶1A motion to dismiss a bill for want of equity should be sustained only when, after admitting all the facts apparent upon the face of the bill, whether well or illy pleaded, the complainant can 'have no relief, and the bill, for the purpose of such a motion, will be considered as already amended if it is apparent upon a proper statement of the facts and appropriate prayer equitable relief may be obtained.—Brown’s Admrs. v. Mize, 119 Ala. 10; Seals v. Robinson & Co., 75 Ala. 368; Bell, Admr., v. Montgomery Light Co., 103 Ala. 275. Admitting the facts apparent upon, the face of the present bill, though open to attack by demurrer, the wrong complained of and the relief sought come clearly within the jurisdiction of a court of equity. The bill, therefore, when considered as amended on the motion to dismiss, was not without equity.Lide v. Hadley, 36 Ala. 627; S. & N. A. R. R. Co. v. Highland . Ave. & B. R. R. Co., 98 Ala. 407.

¶2The demurrer to the bill, although it contained thirty-one different grounds or assignments, waisi single and *269directed to the whole bill. A decree sustaining any one ground of the demurrer is none the less a decree sustaining the demurrer. — Tatum v. Tatum, 111 Ala. 209. The court below sustained the demurrer in the present case on several grounds. The decree on the demurrer being in favor of respondent he cannot complain on op-peal.—Watson v. Jones Bros., 121 Ala. 579; Ferris v. Hoglan, Ib. 240; Cottingham v. Creely, 123 Ala. 479.

¶3We find no reversible error in the record, and the decree of the court is affirmed.

¶4Affirmed.

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