Freeman v. Stewart
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Tried before-Hon. Wm. H. Simpson. The bill in this case was filed on January 6th, 1897, by the appellee, John B. Stuart, against the appellants, Rachel E. Freeman and W. H. Oldacre.
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Appeal from Morgan Chancery Court. Tried before-Hon. Wm. H. Simpson. The bill in this case was filed on January 6th, 1897, by the appellee, John B. Stuart, against the appellants, Rachel E. Freeman and W. H. Oldacre. The bill averred that on August 17th, 1896, the complainant, brought an action against the defendant Oldacre in the circuit court of-Morgan county, counting'upon á promissory note made by him to complainant, and on October 20, 1896, recovered a ' judgment théréón for $1,018.52; that on September 3, 1896, the sjaid W. H. Oldacre conveyed to the defendant, Rachel E. Freeman,, who…
1Opinion of the CourtMcCLELLAN, J.
We understand by the words of •description contained in the bill, viz.: “The following described real estate in the city of Decatur, Morgan ■county, Alabama, to wit, * * * part lots 126 and 127 known as the Stiles lots,” that reference is made, not to parts of lots 126 and 127, but to the whole of said lots, and that they are fractional lots, i. e., less in their entire area than the size of lots generally as laid out in the plat of the town. ' So interpreted, the description is sufficiently definite and certain.
We do not think it was incumbent on the complainant to make prior mortgagees…
2Cases cited7 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Williams v. Spragins, Buck & Co.Supreme Court of Alabama · 1893
- Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- Bolling & Son v. PaceSupreme Court of Alabama · 1892
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
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3Cited by13 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Davis v. HarrisSupreme Court of Alabama · 1924
- Umphrey v. BarfieldSupreme Court of Alabama · 1939
8 more not listed; retrieve them via the Exa API.