Clements v. Kellogg
Supreme Court of Alabama
THE defendant in error, by Henry Y. Chamberlain, her fiext friend, in April, 1830, filed her bill on the equity side of the Circuit Court of Mobile. In the bill, the defendant is represented as being twelve yeai’3 of age, or thereabouts, and only child and heir of Theron Keilog, late of Mobile county deceased, who died in the summer of the year one thousand eight hundred and twenty.
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THE defendant in error, by Henry Y. Chamberlain, her fiext friend, in April, 1830, filed her bill on the equity side of the Circuit Court of Mobile. In the bill, the defendant is represented as being twelve yeai’3 of age, or thereabouts, and only child and heir of Theron Keilog, late of Mobile county deceased, who died in the summer of the year one thousand eight hundred and twenty. It is stated that the decedent was, at the time of his death, seized and possessed, as tenant in common with Joshua Clements, of certain lands situated in that county, on each side of the middle fork of Dog River,…
1Opinion of the CourtCollier, C. J.
— 1. The testimony makes out a case very different from that stated in the bill.' The defendant in error, seeks an account of one half of the profits derived by the plaintiff’s intestate, from the occupancy of six thousand four hundred arpens of land, and the employment of a saw mill situated thereon. The demand is made upon the allegation that Joshua Clements the intestate, and Theron Kellogg, were tenants in common of the land and mill, and entitled to an equal interest in the same. The proof ¡none of the depositions is, that the plaintiff’s intestate occupied a tract of six hundred and…
2Cases cited1 opinion
- Carneal v. BanksSupreme Court of the United States · 1825
3Cited by7 opinions
- McKinley v. IrvineSupreme Court of Alabama · 1848
- Andrews v. AndrewsSupreme Court of Alabama · 1856
- Ansley v. RobinsonSupreme Court of Alabama · 1849
- Evans v. BattleSupreme Court of Alabama · 1851
- Conolly v. WellsU.S. Circuit Court for the District of Eastern Wisconsin · 1887
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