Faulk v. Calloway
Supreme Court of Alabama
ÁXTT5AE from tlie Chancery Court of Henry. Heard before the Hon. Wit/uaw L. Parks. The bill in this case, was filed by the appellants against the appellee, who had instituted an action of ejectment for the recovery of the possession of certain lands specifically described in the bill against E. L. Faulk, who was holding said lands as the tenant of the complainants.
Read the full summary
ÁXTT5AE from tlie Chancery Court of Henry. Heard before the Hon. Wit/uaw L. Parks. The bill in this case, was filed by the appellants against the appellee, who had instituted an action of ejectment for the recovery of the possession of certain lands specifically described in the bill against E. L. Faulk, who was holding said lands as the tenant of the complainants. The. case as made out by the bill is stated in the opinion. • The defendant demurred to the bill upon the following grounds: 1. Said bill contains two grounds of relief stated in the alternative, and each alternative stateinent is…
1Opinion of the CourtTyson, J.
The case made by the bill may he stated to be: Complainants purchased the lands for which their tenant is sued by the respondent in an action of ejectment, from one Bayne, aav1io executed them a deed. CalloAvay, the respondent, sold the lands to Payne Avliile in the actual possession of them as his homestead and executed a deed, AA'hicli was also signed by his wife, but there Avas no separate and apart aeknoAAdedgment by her as required by the statute in cases of sales of the homestead.
Prior to the sale to Payne, Galloway and wife had executed a valid mortgage upon these lands*to one Koonce,…
2Cases cited12 opinions
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- Muir v. BerkshireIndiana Supreme Court · 1875
- Allen v. CaylorSupreme Court of Alabama · 1897
- Cockrum v. WestIndiana Supreme Court · 1889
- St. Louis & Sandoval Coal & Mining Co. v. Sandoval Coal & Mining Co.Illinois Supreme Court · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1931
- Bell v. BellSupreme Court of Alabama · 1911
- Shields v. HightowerSupreme Court of Alabama · 1926
- Woodruff v. SatterfieldSupreme Court of Alabama · 1917
- Whitson v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1932
16 more not listed; retrieve them via the Exa API.