44 Ala. 683 | Ala. | 1870
The complainant in a bill in chancery is not only a pleader, but also a witness. He is entitled not only to make a clear and orderly statement of the facts on which his suit is founded, but so far as this statement is not denied or contradicted by the answer of the adverse party, it is to be taken as proved or admitted. — Gresham’s Eq. Ev. pp. 8, 9; Rev. Oode, §§ 3327, 3390, 3391. But that eminent good faith, which is a prevailing principle in courts of equity, requires that the statement thus permitted should be fairly made, without attempt at suppression or evasion. When this is not done, it leaves room for very great uncertainty in the mind of the court, when seeking to ascertain the true import of the allegations made
But, eveji if this were otherwise, the facts upon which the equity of this case is presumed to rest are fully and directly met and denied in the answer of Lynch, the administrator. This would authorize the injunction to be dissolved. — Hilliard on Inj. p. 99, § 53; Saunders v. Cavett et al., 38 Ala. 51; Hogan v. Branch Bank, (at Decatur,) 10 Ala. 485; Dunlap v. Clements et al., 7 Ala. 539.
Then, without going further into the merits of the case, we feel constrained to approve the action of the learned chancellor, in the court below, in dissolving the injunction. His decree is therefore affirmed, with costs of the appeal in this court and the court below,