Legal Opinion
Perry v. Warnock
Supreme Court of Alabama
Decided February 1, 1945No. 7 Div. 797PublishedCited by 10 opinions
1Opinion of the Court
STAKELY, Justice.
This case presents a procedural question relating to retransfer of a cause under § 155, Title 13, Code of 1940. The litigation ■originated in an ejectment suit brought by Effie Warnock (appellee) against Minus Perry and others (appellants) for recovery of possession of certain lands situated in Cherokee County, Alabama. Minus Perry filed a motion to transfer the cause to the equity side of the court on the theory that he had a defense not available on the law side of the court. The motion in substance showed that in December, 1920, he executed a mortgage on a part of the…
2Cases cited5 opinions
- Randolph v. RandolphSupreme Court of Alabama · 1944
- State v. Mobile O. R. Co.Supreme Court of Alabama · 1934
- Smith v. GraysonSupreme Court of Alabama · 1926
- Gulf Red Cedar Lumber Co. v. CrenshawSupreme Court of Alabama · 1906
- Preuit v. WallaceSupreme Court of Alabama · 1939
3Cited by10 opinions
- Attorney General v. Dime Savings Bank of New York, FSBMassachusetts Supreme Judicial Court · 1992
- Kelley v. MashburnSupreme Court of Alabama · 1970
- McCary v. CrumptonSupreme Court of Alabama · 1955
- Pugh v. CallowaySupreme Court of Alabama · 1976
- McCurdy v. SamplesSupreme Court of Alabama · 1955
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