Cobbs v. Union Naval Stores Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Norvelle R. Leigh, Judge. Bill by the Union Naval Stores Company against D. B. Cobbs. Decree for complainant, and respondent appeals. Bill by appellee against appellant, seeking partition of the lands therein specifically described, situated in Mobile county, and alleged to be owned in equal parts by the parties as tenants in common.
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Appeal from Circuit Court, Mobile County; Norvelle R. Leigh, Judge. Bill by the Union Naval Stores Company against D. B. Cobbs. Decree for complainant, and respondent appeals. Bill by appellee against appellant, seeking partition of the lands therein specifically described, situated in Mobile county, and alleged to be owned in equal parts by the parties as tenants in common. The answer admits that the land is capable of partition in kind, but denies joint tenancy, setting up that the respondent (appellant) is the sole owner thereof, and that the claim of complainant (appellee) is a cloud on…
1Opinion of the Court
GARDNER, X
The foregoing statement of the case will suffice for a general understanding of the question here presented, which we find determines the result of this appeal.
It is insisted hy the respondent that S. X Walter, at the time of the execution of the deed to H. M. Rayford, referred to in the statement of the case, had no title, and that, therefore, Rayford had none when he executed his conveyance to Irwin, from whom the complainant obtained title.
While the contrary is insisted on by the complainant, yet the agree,d statement of facts discloses that the said H. M. Rayford, subsequent to…
2Cases cited14 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- McCombs v. StephensonSupreme Court of Alabama · 1907
- Head v. HunnicuttSupreme Court of Alabama · 1911
- Jenkins v. Woodward Iron Co.Supreme Court of Alabama · 1915
- Vizard v. RobinsonSupreme Court of Alabama · 1913
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3Cited by14 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Porter v. HendersonSupreme Court of Alabama · 1919
- Trauner v. LowreySupreme Court of Alabama · 1979
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Stratford v. LattimerSupreme Court of Alabama · 1951
9 more not listed; retrieve them via the Exa API.