Southern Cotton Oil Co. v. Henshaw
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbaed. This action was brought by Wm. H. Henshaw and others, against the Southern Cotton Oil Company, to recover an undivided interest in a tract of land containing about ten acres, on which the houses and works of said corporation were erected; and was commenced on the 28th March, 1889. The record does not show what pleas were filed, the judgment-entry only reciting that the cause was tried “on…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbaed. This action was brought by Wm. H. Henshaw and others, against the Southern Cotton Oil Company, to recover an undivided interest in a tract of land containing about ten acres, on which the houses and works of said corporation were erected; and was commenced on the 28th March, 1889. The record does not show what pleas were filed, the judgment-entry only reciting that the cause was tried “on issue joined.” On the trial, the facts were admitted and agreed on, as follows:' (1.) The premises sued for are a part of a…
1Opinion of the CourtSomebyille, J.
1. Tbe deed of Morris, executed on June 14th, 1873, to Beebe and Hensbaw, conveys an undivided one-half interest in the lands to tbe grantees, and vests in eacb one of them an undivided fourth interest as tenants in common. Tbe consideration received by tbe grantor is recited as moving from Eugene Beebe and Ferrie Hensbaw, and tbe conveyance is “to Beebe and Hensbaw, their beirs and assigns.” Tbis being tbe case, although a partnership existed between Beebe and Hensbaw, upon tbe death of the latter, tbe legal title of bis undivided fourth-interest descended to, and vested in bis beirs, also…
2Cases cited17 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Lang's Heirs v. WaringSupreme Court of Alabama · 1854
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Wood v. McCainSupreme Court of Alabama · 1845
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3Cited by7 opinions
- McCarver v. Doe ex dem. HerzbergSupreme Court of Alabama · 1902
- Rafferty v. DavisOregon Supreme Court · 1909
- Farr v. PerkinsSupreme Court of Alabama · 1911
- Hoffman v. JordanSupreme Court of Alabama · 1955
- Judd v. DowdellSupreme Court of Alabama · 1943
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