Betts v. Sykes
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. S. E. McSpadden. . The bill in this case was filed on the 5tb May; 1886, by Andrew J. Sykes and wife, against Edward C. Betts and wife; and sought to enforce an alleged vendor’s lien on a certain tract of land, on account of the non-payment of $500, part of the agreed price, under the terms of a written contract between the parties for the division and distribution of the estate of John M. Swoope, deceased, who…
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Appeal from the Chancery Court of Madison. Heard before the Hon. S. E. McSpadden. . The bill in this case was filed on the 5tb May; 1886, by Andrew J. Sykes and wife, against Edward C. Betts and wife; and sought to enforce an alleged vendor’s lien on a certain tract of land, on account of the non-payment of $500, part of the agreed price, under the terms of a written contract between the parties for the division and distribution of the estate of John M. Swoope, deceased, who was the father of Mrs. Sykes and Mrs. Betts. The material parts of the agreement, a copy, of which was made an exhibit…
1Opinion of the CourtStone, C. J.
— The wives of complainant and defendant are sisters, and are the only children of John M. Swoope, deceased, who died intestate. Each of them succeeded to an estate at his death, which they would hold as tenants in common, and as ■ statutory separate estate. Joint tenancy is abolished under our statutes. As we understand the averments of the bill, there was no administration on. the *380estate of Mr. Swoope. The two sisters, being married women, with their husbands met together, and, by written contract, agreed on a division of the property. The agreement was signed by all, and properly…
2Cases cited11 opinions
- Stringfellow v. IvieSupreme Court of Alabama · 1882
- Newbold v. SmartSupreme Court of Alabama · 1880
- McCandlish v. KeenSupreme Court of Virginia · 1857
- Buford v. McCormickSupreme Court of Alabama · 1876
- Bryant v. StephensSupreme Court of Alabama · 1877
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3Cited by3 opinions
- Gerstell v. ShirkCourt of Appeals for the Seventh Circuit · 1913
- Parrish v. HastingsSupreme Court of Alabama · 1893
- Dixie Industrial Co. v. BensonSupreme Court of Alabama · 1918