Bolen v. Bolen
Supreme Court of Alabama
Appeal from Circuit Court, Blount County; O. A. Steele, Judge; Bill by Arizona Bolen against A. B. Bolen and A. R. Thomas, for divorce and alimony against A. B. Bolen, and to subject certain lands claimed to be the homestead of the husband and wife to the payment of alimony and attorney’s fee; it being alleged that A. B. Bolen and his son-in-law had conspired together to defeat any decree complainant might obtain by A. R. Thomas claiming the lands.
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Appeal from Circuit Court, Blount County; O. A. Steele, Judge; Bill by Arizona Bolen against A. B. Bolen and A. R. Thomas, for divorce and alimony against A. B. Bolen, and to subject certain lands claimed to be the homestead of the husband and wife to the payment of alimony and attorney’s fee; it being alleged that A. B. Bolen and his son-in-law had conspired together to defeat any decree complainant might obtain by A. R. Thomas claiming the lands. The court decreed alimony and attorney’s fee to the complainant, but further decreed that both the legal and equitable title to the land was in…
1Opinion of the CourtAnderson, C. J.
[1, 2] The undisputed evidence shows that Thomas, one of the appellees, had the legal title to the land, but the other appellee, A. B. Bolen, at one time had an equitable claim to same, having been put in possession and paid Thomas all, or part, of the purchase money. The respondent’s evidence, however, showed that several years before A. B. Bolen married this complainant, he resold or surrendered his equity in the land to the said Thomas for a valuable consideration and was in the possession of the land, not as owner, but at will of Thomas. In other words, he had no such interest, legal or…
2Cases cited1 opinion
- Fitzpatrick v. StringerSupreme Court of Alabama · 1917
3Cited by6 opinions
- McClurkin v. McClurkinSupreme Court of Alabama · 1921
- Lewis v. CrowellSupreme Court of Alabama · 1923
- Kennedy v. County Board of EducationSupreme Court of Alabama · 1926
- Whitten v. WhittenSupreme Court of Alabama · 1926
- Findley v. JonesSupreme Court of Alabama · 1926
1 more not listed; retrieve them via the Exa API.