Daniel v. Coker
Supreme Court of Alabama
Appeal from the Chancery Court of Cherokee. Heard before the Hon. II. C. Speake. The bill in this case was filed on the 26th August, 1878, by Jolin W. Coker, against David C. Daniel; and sought, principally, an account of the rents and profits of a tract of land which was in the defendant’s possession, and of the waste alleged to have been committed and suffered by him, and also to recover the possession.
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Appeal from the Chancery Court of Cherokee. Heard before the Hon. II. C. Speake. The bill in this case was filed on the 26th August, 1878, by Jolin W. Coker, against David C. Daniel; and sought, principally, an account of the rents and profits of a tract of land which was in the defendant’s possession, and of the waste alleged to have been committed and suffered by him, and also to recover the possession. The land contained one hundred and twenty acres, and had belonged to one Andrew Poore, who, by deed of bargain and sale, with covenants of warranty, sold and conveyed it to the complainant.…
1Opinion of the CourtBrickell, C. J.
In Coker v. Whitlock (54 Ala. 180), and in Coker v. Shropshire (59 Ala. 542), it became necessary to consider the nature and character of the deed by which Poore conveyed the lands, the subject-matter of the suit, to Whitlock as trustee. We there held, that the deed, though in form a deed with trusts, in its legal operation and effect was a security for the indemnity of the sureties of the grantor as guardian, against the contingent liability incurred by them in joining the grantor in the execution of the bond required of him; that it does not differ materially from a mortgage: that the…
2Cases cited3 opinions
- Coker v. WhitlockSupreme Court of Alabama · 1875
- Coker v. ShropshireSupreme Court of Alabama · 1877
- Harrison v. McCrarySupreme Court of Alabama · 1861
3Cited by12 opinions
- Gresham v. WareSupreme Court of Alabama · 1885
- Gaskell v. ViquesneyIndiana Supreme Court · 1890
- Farris v. HoustonSupreme Court of Alabama · 1884
- American Freehold Land Mortgage Co. v. PollardSupreme Court of Alabama · 1902
- Roulhac v. JonesSupreme Court of Alabama · 1884
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