Legal Opinion
Ex Parte Davis
Supreme Court of Alabama
Decided February 8, 1985PublishedCited by 8 opinions
1Opinion of the Court
The plaintiffs petitioned this Court for a writ of mandamus ordering the trial judge to grant the plaintiffs a jury trial as to counts requesting damages for breach of contract and conversion, both common law actions.
On April 24, 1973, E.L. Davis, Sr. died. On June 6, 1973, all the children of E.L. Davis, Sr., executed a deed to their mother, Sallie C. Davis, of all real estate owned by E.L. Davis, Sr. The children (including plaintiffs) also executed a waiver and disclaimer giving up any rights they may have had in the estate of E.L. Davis, Sr., deceased.
The plaintiffs allege that Sallie C.…
2Cases cited6 opinions
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Morton v. National BankSupreme Court of Alabama · 1954
- Finance, Inv. and Rediscount Co. v. WellsSupreme Court of Alabama · 1982
- Crommelin v. FainSupreme Court of Alabama · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Regions Bank v. ReedSupreme Court of Alabama · 2010
- Ex Parte HoltSupreme Court of Alabama · 1992
- First Alabama Bank v. SpraginsSupreme Court of Alabama · 1985
- Van Hoof v. Van HoofSupreme Court of Alabama · 2007
- Ex Parte Southtrust Bank of AlabamaSupreme Court of Alabama · 1996
3 more not listed; retrieve them via the Exa API.