Fielder v. Childs
Supreme Court of Alabama
Aprkal from Bullock Circuit Court. Tried before Hon. H. I). Clayton. This was an action of assumpsit brought by Lula J. Childs and Thomas L. Fielder, infants, suing by their next friend, against Elvira IT.
Read the full summary
Aprkal from Bullock Circuit Court. Tried before Hon. H. I). Clayton. This was an action of assumpsit brought by Lula J. Childs and Thomas L. Fielder, infants, suing by their next friend, against Elvira IT. Fielder, as the executrix of the last will and testament of James H. Fielder, deceased, for the use-and occupation of certain land,' in the complaint described, by defendant’s testator, from 1st January, 1864, to 1st January, 1869; audit was commenced on 22d- March, 1881. The defendant pleaded the general issue, “ with leave to give in evidence any matter which might be specially pleaded;…
1Opinion of the CourtBrickell, C. J.
— The action is assumpsit for use .and occupation, and the counts of the complaint, upon which the-trial was had, are in the form prescribed by the Code. • The facts were agreed upon, and the plaintiffs’ right of recovery was probably rested upon one or the other of two propositions. The first is, that as the decree of the court of probate authorized only the sale of the estate or share in the lands of the deceased tenant, L. B. Fielder, shown by the application to the court, on which the decree is founded, to be an undivided one-fifth, though the conveyance to the testator of the appellant…
2Cases cited25 opinions
- Riggs v. FullerSupreme Court of Alabama · 1875
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Johnson v. ToulminSupreme Court of Alabama · 1850
- Newbold v. SmartSupreme Court of Alabama · 1880
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
20 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Kidd v. BorumSupreme Court of Alabama · 1913
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Markstein v. SchilleciSupreme Court of Alabama · 1952
- Carrigg v. Mechanics Bank of ProvidenceSupreme Court of Iowa · 1907
31 more not listed; retrieve them via the Exa API.