Harkins v. Pope
Supreme Court of Alabama
Writ of Error to the Court of Chancery forth the 28th District. This bill is by Harkins, Brahan, and the administrator, the widow and heirs at law, of one Suifrance against Pope, and the heirs at law of his deceased wife.
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Writ of Error to the Court of Chancery forth the 28th District. This bill is by Harkins, Brahan, and the administrator, the widow and heirs at law, of one Suifrance against Pope, and the heirs at law of his deceased wife. It charges, that in the lifetime of SuJTrance, he, with Bra han and Harkins, were the owners of one third of the Eagle Hotel in the town of Florence, in this State, and that Pope owned one third in his own right, and another in trust for the heirs at law of his wife. The ownership of Harkins, &c. commenced on the 27th of July, 1839, under a conveyance to them, by one Posey,…
1Opinion of the Court
GOLDTHWAITE, J.-
1. In the mode this case is put before the court, it seems somewhat complicated, and our first object will be to ascertain precisely the purpose to be reached by the bill. It appears, as between the parties themselves, the title of the defendant, Pepe, to two thirds, and that of Harkins, Brahan and Suffrance to one third of the hotel, was admitted, and the former leased from the latter, during the *498lifetime of Suffrance, their portion, at a specific rent, for the year 1840, and held possession after the expiration of that year, without any new agreement for rent, until the…
2Cases cited4 opinions
- Evertsen v. SawyerNew York Supreme Court · 1829
- Levert v. RedwoodSupreme Court of Alabama · 1839
- Philips v. GraySupreme Court of Alabama · 1840
- Abeel & Abeel v. RadcliffNew York Supreme Court · 1818
3Cited by14 opinions
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
- Wolffe v. WolffSupreme Court of Alabama · 1881
- Brewer v. BrowneSupreme Court of Alabama · 1880
- Globe Rutgers Fire Ins. Co. v. Eureka Sawmill Co.Supreme Court of Alabama · 1933
- Security Life and Accident Insurance Company v. United StatesCourt of Appeals for the Fifth Circuit · 1966
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