Legal Opinion

Patten v. Swope

Supreme Court of Alabama

Decided April 8, 1920No. 8 Div. 202, 202APublishedCited by 15 opinions

Appeal from Circuit Court, Lawrence County; Robert C. Brickell, Judge. Bill by Annie Swope Patten and others against E. C. Swope for discovery and an accounting and for money decree. From a decree sustaining demurrers to the bill in certain aspects complainants appeal, and respondent E. C. Swope seeks a cross-appeal.

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Appeal from Circuit Court, Lawrence County; Robert C. Brickell, Judge. Bill by Annie Swope Patten and others against E. C. Swope for discovery and an accounting and for money decree. From a decree sustaining demurrers to the bill in certain aspects complainants appeal, and respondent E. C. Swope seeks a cross-appeal. The fourth paragraph of the bill is as follows: The decree of sale of said property made no reference to the rents or income from the land for the current year 1918. At the time of the sale under the decree of this court in said cause there were present two of the joint owners of…

1Opinion of the CourtMcCLELLAN, J.

This bill was filed by Annie Swope-Patten and others against E. C. Swope and others, seeking discovery, an accounting, and. in a contingency, a money decree against E. C. Swope with respect to the rent for 1918 of a plantation in Lawrence county that, up to October 21,1918, was jointly owned by all the parties to this -cause. It appears from the averments of the present bill that in response to a previous bill a decree was rendered September 28,1918, directing a sale of this land for division among the joint owners in proportion to their respective interests therein. This decree of sale for…

2Cases cited18 opinions

  1. Cahaba Coal Co. v. ElliottSupreme Court of Alabama · 1913
  2. McCully v. ChapmanSupreme Court of Alabama · 1877
  3. Sanders v. RobertsonSupreme Court of Alabama · 1876
  4. Barnum v. LandonSupreme Court of Connecticut · 1856
  5. Nebraska Loan & Trust Co. v. HamerNebraska Supreme Court · 1894

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3Cited by15 opinions

  1. Hammons v. HammonsSupreme Court of Alabama · 1933
  2. Cooper v. CooperSupreme Court of Alabama · 1921
  3. First Nat. Bank of Dothan v. Fountain Motor Co.Supreme Court of Alabama · 1933
  4. Shamblee v. WilsonSupreme Court of Alabama · 1936
  5. ALCO LAND AND TIMBER COMPANY, INC. v. BaerSupreme Court of Alabama · 1972

10 more not listed; retrieve them via the Exa API.

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