Clements v. Morton
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by J. P. Clements against A. F. Slorton. Judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals under section 6, page 450, Acts 1911. This suit was brought by appellant against appellee to recover $50 as tbe agreed price for a small one-room plank house, built on the land formerly owned by the father of appellant, and which land was subsequently sold to the defendant.
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Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by J. P. Clements against A. F. Slorton. Judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals under section 6, page 450, Acts 1911. This suit was brought by appellant against appellee to recover $50 as tbe agreed price for a small one-room plank house, built on the land formerly owned by the father of appellant, and which land was subsequently sold to the defendant. The substance of the material portion of the evidence for plaintiff (defendant offering no testimony) was as follows: The…
1Opinion of the CourtGardner, J.
[1, 2] The substance of the testimony in this cause, as shown by the foregoing statement of the case, discloses that the one-room plank house erected by plaintiff’s stepmother with her own means, after the death of the father of plaintiff, was erected with the full understanding and agreement of all the heirs that the house should remain hers, to be disposed of as she saw fit, and that the same became a chattel with- the right of removal.
“Houses, as a general rule, are part of the freehold, and pass or descend with the land. The prima facie intendment is that they are ■part of the realty; and…
2Cases cited7 opinions
- Harris v. PowersSupreme Court of Alabama · 1876
- Broaddus v. SmithSupreme Court of Alabama · 1898
- Middleton v. Alabama Power Co.Supreme Court of Alabama · 1916
- Powers v. HarrisSupreme Court of Alabama · 1880
- Johnston v. Philadelphia Mortgage & Trust Co.Supreme Court of Alabama · 1900
2 more not listed; retrieve them via the Exa API.
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- Sullivan v. LawlerSupreme Court of Alabama · 1931
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