Felder v. Davis

Citations

• 17 Ala. 418

Syllabus

<p>1. B D. conveyed certain slaves to J. D. in trust, for the sole and separate use of E. F., a married woman, and her children. J. D. subsequently abandoned the trust and removed from the State, in consequence cf which the slaves came into the possession of B. F., the husband of E. F., who, regardless offhe rights of his wife and children, disposed of them to different persons, all of w hom had notice of the trust, and one of whom had possession of the trust deed: Hid — That a bill filed by E. F. and her children, against B. F. and the several persons who derive title through him, is multifarious.</p> <p>2. A Court of Chancery should seldom exercise prnjprio jure its discretionary power of dismissing a bill for multifariousnese, hut should it do so, and the bill be found liable to that objection, an appellate court cannot reverse the decree. __</p>