W. T. Rawleigh Co. v. Timmerman
Supreme Court of Alabama
Appeal from Circuit Court, Elmore County ; B. IC. McMorris, Judge. Bill by the W. T. Rawleigh Company, a corporation, against Frank W. Lull and C. E. O. Timmerman, to enforce judgment lien against tile grantor of respondents and to settle the equities of the party by cancellation of the conveyance from the judgment debtor to the respondent and for general relief. From a decree denying .the relief and dismissing the bill, complainant appeals.
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Appeal from Circuit Court, Elmore County ; B. IC. McMorris, Judge. Bill by the W. T. Rawleigh Company, a corporation, against Frank W. Lull and C. E. O. Timmerman, to enforce judgment lien against tile grantor of respondents and to settle the equities of the party by cancellation of the conveyance from the judgment debtor to the respondent and for general relief. From a decree denying .the relief and dismissing the bill, complainant appeals. The court erred in holding that, in arriving at the value of the homestead, the value of the entire interest is to be considered, and not merely the…
1Opinion of the CourtThomas, J.
Complainant obtained a judgment against S. M. Peavey in the circuit court on July 17, 1916, which was recorded in the office of the judge of probate on October 5, 1916.
On September 27, 1916, S. M. Peavey and wife, joint owners, conveyed by warranty deed the land embraced in the bill to their attorneys, O. E. O. Timmerman and Frank W. Lull, in payment of services rendered by (hem in a suit for the recovery or perfection of title to the, land conveyed, and the 160 acres of other land occupied by Mrs. Peavey and her children as a homestead. The reasonable value of tbe services rendered by said…
2Cases cited38 opinions
- Barnes v. AlexanderSupreme Court of the United States · 1914
- Ingersoll v. CoramSupreme Court of the United States · 1908
- Wylie v. CoxeSupreme Court of the United States · 1854
- Eyre v. JacobSupreme Court of Virginia · 1858
- Bankhead v. OwenSupreme Court of Alabama · 1877
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3Cited by4 opinions
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- United States Fidelity & Guaranty Co. v. LevyCourt of Appeals for the Fifth Circuit · 1935
- Hartley v. HandSupreme Court of Alabama · 1931
- Palmer v. JamesSupreme Court of Alabama · 1924