Cooper v. Cloud
Supreme Court of Alabama
Appeal from Madison Lav and Equity Court. Heard before Hon. James H. Ballentine. James Clark and an other filed their hill for partition of certain lands, and under a sale for partition, Ohassie A. Cloud became the purchaser. Á writ of assistance was issued to Cloud as against A. J- Cooper and others, and they filed their petition seeking to have the writ of assistance quashed, and praying, for a writ of restitution. Both petitions were denied and they appeal.
1Opinion of the Court
MAYFIELD, J. —
Thomas W. Clark died seised of a plantation in Madison county. He left surviving him a widow and several children and grandchildren who were his heirs and distributees. His widow took a life estate in his lands, and his children and grandchildren took the remainder therein. Pending the life estate the widow entered into a lease contract with appellants, by which she leased the plantation, the subject-matter of this suit, to appellee for the term of five years beginning November 13, 1913. The rent was payable annually, each payment being secured by a promissory note for $275.99,.…
2Cases cited10 opinions
- Allen v. AllenSupreme Court of Alabama · 1885
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Thompson v. CampbellSupreme Court of Alabama · 1876
- Hooper v. YongeSupreme Court of Alabama · 1881
- Creighton v. PaineSupreme Court of Alabama · 1841
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3Cited by5 opinions
- Sellers v. ManascoSupreme Court of Alabama · 1946
- Chase Manhattan Bank v. Robert-SurzanoDistrict Court, Virgin Islands · 2009
- O'Steen v. O'SteenSupreme Court of Alabama · 1920
- Sexton v. Harper & MayfieldSupreme Court of Alabama · 1925
- O'Steen v. O'SteenSupreme Court of Alabama · 1920