Autrey v. Frieze
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. B. B. McCkA'VV. William Frieze and B. P. Autrey made a contract in January, 1871, by which, for the purpose of cultivating a farm together during the year, it was agreed that Autrey should furnish the land; one mule to be used in its cultivation, and forage for the mule; and forage for a mule or horse of Frieze for its support during one-half the time it was employed in making the crop; and Autrey also…
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Appeal from the Chancery Court of Talladega. Heard before the Hon. B. B. McCkA'VV. William Frieze and B. P. Autrey made a contract in January, 1871, by which, for the purpose of cultivating a farm together during the year, it was agreed that Autrey should furnish the land; one mule to be used in its cultivation, and forage for the mule; and forage for a mule or horse of Frieze for its support during one-half the time it was employed in making the crop; and Autrey also undertook to pay one-half the hire of laborers necessary to till the land and gather the crop. Frieze agreed, in consideration…
1Opinion of the Court
BRICKELL, C. J.—
It is not material to the equity of the bill, to determine whether the relation between the parties, was that of partners in a joint undertaking in planting during the year 1871, or of tenants in common of the crops produced on the la.nds of the appellant. A court of- equity *589has jurisdiction to compel an account between tenants in common, when one bas received a greater share of the profits than he is entitled to receive, and there are complicated matters of account between them unadjusted.—1 Story’s Eq. § 466; Lockard v. Lockard, 16 Ala. 423; Darden v. Cowper, 7 Jones’ Law,…
2Cases cited7 opinions
- Lyon v. HuntSupreme Court of Alabama · 1847
- Rogers v. Hosack's ExecutorsNew York Supreme Court · 1837
- Leach v. BeattieSupreme Court of Vermont · 1860
- Acker v. BenderSupreme Court of Alabama · 1858
- Williams v. NolenSupreme Court of Alabama · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tayloe v. BushSupreme Court of Alabama · 1883
- Brooke v. TuckerSupreme Court of Alabama · 1907
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1902
- State v. Southland HatcherySupreme Court of Alabama · 1950
- Zuber v. RobertsSupreme Court of Alabama · 1906
3 more not listed; retrieve them via the Exa API.