Cochran v. Leonard
Supreme Court of Alabama
Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Action by Ada Leonard against Ludie Cochran and others for use and occupation of land. Judgment for the plaintiff, and the defendants appeal.
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Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Action by Ada Leonard against Ludie Cochran and others for use and occupation of land. Judgment for the plaintiff, and the defendants appeal. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The court was in error in the judgment pronounced, under the facts developed. 115 Ala. 468, 22 South. 282; 201 Ala. 630, 79 South. 192; 200 Ala. 442, 76 South. 374 ; 94 Ala. 152, 10 South. 287; 73 Ala. 567; 203 Ala. 339, 83 South. 63; 67 Ala. 326; 202 Ala. 317; 80 Ala. 400. The complaint -was sufficient. Ill Ala. 546, 20…
1Opinion of the CourtMcCLELLAN, J.
[1] The plaintiff, appellee, sued the defendants, appellants, to recover for the use and occupation or the rent of certain farm lands. Under the evidence in this record, the plaintiff and the defendants, with another child of Mrs. (Pitts) Cochran, were tenants in common of lands for which the rent was claimed. The'proof is conclusive that the plaintiff was not ousted from the joint occupancy of the premises by her and these defendants, or that she was otherwise denied the enjoyment of the common property; that the plaintiff married 'and voluntarily moved away, tlie defendants continuing the…
2Cases cited2 opinions
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Newbold v. SmartSupreme Court of Alabama · 1880
3Cited by4 opinions
- Fundaburk v. CodySupreme Court of Alabama · 1954
- Rehfuss v. McAndrewSupreme Court of Alabama · 1947
- Turner v. JohnsonSupreme Court of Alabama · 1944
- Jefferson County v. BusbyAlabama Court of Appeals · 1933