Troy Fertilizer Co. v. Prestwood
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. Jebe N. Wilmams. The bill in this case was filed by the appellee, Georgia A. Prestwood, against the appellants, the Troy Fertilizer Co. and W. D. Henderson and Charles Henderson. The purposes of the bill and the facts of the case are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Pike. Heard before the Hon. Jebe N. Wilmams. The bill in this case was filed by the appellee, Georgia A. Prestwood, against the appellants, the Troy Fertilizer Co. and W. D. Henderson and Charles Henderson. The purposes of the bill and the facts of the case are sufficiently stated in the opinion. Each of the respondents interposed a separate demurrer to the bill, assigning therefor the following grounds : “1st. It is shown by said bill that the chancery and circuit courts of Coffee county, Ala., have already taken jurisdiction of the subject matter embraced…
1Opinion of the CourtHabalson, J.
1. On the 19th November, 1891, F, M. Prestwood conveyed to his wife, for the recited *122consideration of $5,000, the tract of land described in the bill. On the 29th December, 1893, The Troy Fertilizer Company, in order to collect the notes of said F. M. Prestwood, which are described, filed its bill in Coffee chancery court, in which county the lands were situate, and where Prestwood and wife lived, against him and his wife, W. D. and Charles Henderson, and one Shiver, supposed to have some claim, the object of which bill was to condemn said lands by the decree of said chancery court, as the…
2Cases cited2 opinions
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Gunn v. HarrisonSupreme Court of Alabama · 1845
3Cited by10 opinions
- Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Dent v. FoySupreme Court of Alabama · 1921
- Southern Hardware & Supply Co. v. LesterSupreme Court of Alabama · 1910
- Bell v. JonesSupreme Court of Alabama · 1931
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