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132 Ala. 621

Bledsoe v. Price & Co.

Supreme Court of Alabama

Decided June 17, 1902

Supreme Court of Alabama · decided 1902-06-17

Heard before the Hon. Thos. H. Smith. The bill in this case was filed by the partnership of 11. W. Brice & Co. against Thos. H. Bledsoe, Sarah A. Bledsoe and Henry T. Bledsoe. It was averred in the bill that in December, 1884, one 1Í.

Relies on McDonnell & Co. v. Finch · Sloss-Sheffield Steel & Iron Co. v. Board of Trustees of the University of Alabama

Good law ✅— No negative treatment on recordhow we know

Decided 1902-06-17

How this case has been cited

Cited by 12 later decisions — most recently December 1972

12 state decisions

4019021910192019301940195019601970decided

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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TYSON, J.

¶1—Confessedly the averments of the bill, in stating how, in what way and from what source the complainants became the owners of the land, and in describing the claim of the; respondent, go beyond the requirements of a bill framed under sections 809 et seq. of the Code.—Inter-State B. & L. Asso. v. Stocks, 124 Ala,. 109. The fact that it contains these things, in connection with the averment that complainants are in peaceable possession of the land, does not impair its efficiency as a bill under the statute. Nor does the fact that in the prayer the cancellation of the muniment of title under which the respondent claims to own the lands in controversy is asked, destroy the equity *625of the bill as a bill under the statute, nor render it multifarious.—Sloss-Sheffield Steel & Iron Co. v. Board of Trustees of University of Ala., 130 Ala. 403.

¶2The nature and character of the bill must be determined from a consideration of the facts averred in it. And if upon the facts stated, the bill has equity, the special prayer will not destroy that equity.McDonnell & Co. v. Finch, 131 Ala. 85.

¶3The bill under consideration was not subject to any of'the grounds of demurrer interposed, whatever may have been its defects in other respects, and contains equity.

¶4The decree of the chancellor overruling the demurrer and motion to dismiss for- want of equity is affirmed.

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