Milliken v. Faulk
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. JereN. Williams. The bill in this case was filed on September 2, 1895, by W. W. Milliken, the appellant, against E. L. Faulk; and prayed to have the defendant enjoined from trespassing upon lands described in the bill. The complainant relied on a lease-hold interest in the lands described in the bill, and his right of possession under said lease.
Read the full summary
Appeal from the Chancery Court of Henry. Heard before the Hon. JereN. Williams. The bill in this case was filed on September 2, 1895, by W. W. Milliken, the appellant, against E. L. Faulk; and prayed to have the defendant enjoined from trespassing upon lands described in the bill. The complainant relied on a lease-hold interest in the lands described in the bill, and his right of possession under said lease. The respondent answered the bill, admitting the trespass, but denied the right' of the complainant to the possession of the property, and set up the fact that he had purchased the lands…
1Opinion of the CourtColeman, J.
One J. D. Calloway, by written instrument, did thereby “lease to said Milliken all the pine timber growing on the following lands, viz. : [describing them] , for the term of three years beginning on the first day of boxing and ending on the ..............” Milliken did not record this agreement. Subsequently, J.D. Calloway sold and conveyed by absolute deed to the respondent the same lands for a valuable consideration. At the time of his purchase and payment, Faulk had no notice, actual or constructive, of the agreement between Calloway and plaintiff Milliken,
*660The one material question…
2Cases cited1 opinion
- First National Bank of Birmingham v. Consolidated Electric Light Co.Supreme Court of Alabama · 1892
3Cited by12 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Neuman v. Travelers Indemnity Co.Court of Appeals of Maryland · 1974
- Greene Line Terminal Co. v. MartinWest Virginia Supreme Court · 1940
- Moulton v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1922
- Adams v. RiddleSupreme Court of Alabama · 1936
7 more not listed; retrieve them via the Exa API.