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· 1/15/1850

Horton v. Moseley

Citations

  • 17 Ala. 794

Syllabus

<p>1. A court of equity .’will restrain the Orphans' Court from proceeding in the final settlement of an estate, in cases where matters of purely equitable cognizance are to be adjudicated, or where a discovery is necessary to ascertain facts, which cannot be established otherwise.- ‘ .</p> <p>2. A hill of discovery is demurrable, if it faiito set forth with sufficient certainty the particular matter, of which the discovery is sought, or to show that the answer of the defendant is essential, and that he is capable of making the discovery needed.</p>

Judges: Parsons

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