Legal Opinion

Cooper v. Cloud

Supreme Court of Alabama

Decided June 30, 1915PublishedCited by 5 opinions

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

  1. Allen v. AllenSupreme Court of Alabama · 1885
  2. Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
  3. Thompson v. CampbellSupreme Court of Alabama · 1876
  4. Hooper v. YongeSupreme Court of Alabama · 1881
  5. Creighton v. PaineSupreme Court of Alabama · 1841

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

3Cited by5 opinions

  1. Sellers v. ManascoSupreme Court of Alabama · 1946
  2. Chase Manhattan Bank v. Robert-SurzanoDistrict Court, Virgin Islands · 2009
  3. O'Steen v. O'SteenSupreme Court of Alabama · 1920
  4. Sexton v. Harper & MayfieldSupreme Court of Alabama · 1925
  5. O'Steen v. O'SteenSupreme Court of Alabama · 1920

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