Hooper v. Strahan
Supreme Court of Alabama
Appeal from Lee Chancery Court. Heard before Hon. N. S. Geahah. The bill in this cause was filed by Charles M. Hooper, as the administrator of the estate of Thomas D. Jones, deceased, against Thomas H. Strahan, Sarah Strahan, the widow and heirs of said decedent, and James M. Monk and J. T. McCoy, and its purpose was to enforce a vendor’s lien on certain lands which said decedent sold to Thomas H. and Sarah Strahan, Monk and McCoy being made parties defendant as…
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Appeal from Lee Chancery Court. Heard before Hon. N. S. Geahah. The bill in this cause was filed by Charles M. Hooper, as the administrator of the estate of Thomas D. Jones, deceased, against Thomas H. Strahan, Sarah Strahan, the widow and heirs of said decedent, and James M. Monk and J. T. McCoy, and its purpose was to enforce a vendor’s lien on certain lands which said decedent sold to Thomas H. and Sarah Strahan, Monk and McCoy being made parties defendant as sub-purchasers of different portions of the land. The bill alleges that on 7th October, 1862, the decedent sold the lands on which…
1Opinion of the CourtSomerville, J.
It is insisted that the decree in this case is erroneous, because it was rendered in vacation, on September 13, 1877, without the agreement of the parties or their *79attorneys. In support of this view the case of Rogers v. Torbut, 58 Ala. 523, is cited and relied on by the appellant’s counsel. It is there held, that there was no law in force authorizing such decree between December 8, 1873, when section 3470 of the Devised Code of 1867 was repealed, and December 9, 1877, when the Code of 1876 became operative, and the same section was again revived.—Code, 1876, § 3896. This case was in effect…
2Cases cited6 opinions
- Craft v. RussellSupreme Court of Alabama · 1880
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
- Rogers v. TorbutSupreme Court of Alabama · 1877
- Bonner v. YoungSupreme Court of Alabama · 1880
- Forrest's Ex'rs v. LuddingtonSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Gresham v. WareSupreme Court of Alabama · 1885
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Webb v. Elyton Land Co.Supreme Court of Alabama · 1894
- Hatter v. QuinaSupreme Court of Alabama · 1927
19 more not listed; retrieve them via the Exa API.