Peters Mineral Land Co. v. Hooper
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh. A. Locke, Judge. Bill by the Peters Mineral Land Company against John DeB. Hooper and others, to quiet title to lands, etc. From a decree sustaining demurrers to the bill complainant appeals. The bill alleges that the complainant is in the peaceable possession of and owns certain lands, in Jefferson and Walker counties, Alabama, title to which is deraigned through mesne conveyances from Thomas P. Henley.
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Appeal from Circuit Court, Jefferson County; Hugh. A. Locke, Judge. Bill by the Peters Mineral Land Company against John DeB. Hooper and others, to quiet title to lands, etc. From a decree sustaining demurrers to the bill complainant appeals. The bill alleges that the complainant is in the peaceable possession of and owns certain lands, in Jefferson and Walker counties, Alabama, title to which is deraigned through mesne conveyances from Thomas P. Henley. It is alleged that the lands in question previously belonged to Thomas F. Peters who died in September 1883, leaving a will, a copy of which…
1Opinion of the CourtThomas, J.
The trial court sustained demurrers to the bill, and complainant a.p-peals.
[1 ] The duties and powers conferred by the will of Thomas Peters, deceased, upon James C. Neely and E. W. Rucker were not personal, and were exercisable by the administrator de bonis non cum testamento annexo, and passed to such representative the properties in question for the purposes of administration—to pay “all my [testator’s] just debts in Nashville and Memphis, Tennessee, and Birmingham, Alabama”—and the balance of the proceeds was required by the will to be turned over to James W. Sloss, as guardian of Tom P.…
2Cases cited46 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Pearce v. PearceSupreme Court of Alabama · 1917
- Ivy v. HoodSupreme Court of Alabama · 1918
- James v. JamesSupreme Court of Alabama · 1876
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
41 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Johnson v. Shenandoah Life Insurance CompanySupreme Court of Alabama · 1973
- Oxford v. EstesSupreme Court of Alabama · 1934
- Hudson v. MooreSupreme Court of Alabama · 1940
- Mudd v. LanierSupreme Court of Alabama · 1945
- Bowlin Horn v. Citizens Hosp.Supreme Court of Alabama · 1982
40 more not listed; retrieve them via the Exa API.