Smith's v. Cockrell
Supreme Court of Alabama
Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 15th July, 1875, by Addison G. Smith, as. the executor of the last will and testament of Joseph A. Smith, against the widow and children of Robert Johnson, deceased; and the widow having died pending the suit, it was revived against A. W. Cockrell, as her special administrator ad litem.
Read the full summary
Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 15th July, 1875, by Addison G. Smith, as. the executor of the last will and testament of Joseph A. Smith, against the widow and children of Robert Johnson, deceased; and the widow having died pending the suit, it was revived against A. W. Cockrell, as her special administrator ad litem. The special object and prayer of the bill was to set aside on the ground of fraud, and as clouds on the complainant’s legal title under a purchase at ■sheriff’s sale, conveyances of lands which…
1Opinion of the CourtSomerville, J.
The rights of the appellant, in this case, are based upon a claim of title acquired by his testator, Joseph A. Smith, at a sheriff’s sale of certain lands made on April 7, 1873, in which appellees set up a right of homestead exemption. The purpose of the bill is to have two deeds, one made by Nash, and the other by Lockard, declared fraudulent and void; each conveying land to the wife of one Robert Johnson, at the latter’s procurement, he having ad*70vanced the purchase-money, and had the deeds made by the grantors directly to her. These deeds are prayed to be can-celled, as a cloud on…
2Cases cited33 opinions
- Waddell v. LanierSupreme Court of Alabama · 1878
- You v. FlinnSupreme Court of Alabama · 1859
- Harrison v. KramerSupreme Court of Iowa · 1856
- Anderson v. RobertsNew York Supreme Court · 1820
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
28 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Keel v. LarkinSupreme Court of Alabama · 1882
- Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
- Merritt v. EhrmanSupreme Court of Alabama · 1896
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
49 more not listed; retrieve them via the Exa API.