Legal Opinion

Caldwell v. Caldwell

Supreme Court of Alabama

Decided June 17, 1913PublishedCited by 4 opinions

Appeal from Jackson Chancery Court. Bill by G-. B. Caldwell and another against D. K. Caldwell and another, for a decree determining the shares Avhich the several parties should contribute for the redemption of certain lands from a mortgage. From the decree of the chancellor, both parties appeal.

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Appeal from Jackson Chancery Court. Bill by G-. B. Caldwell and another against D. K. Caldwell and another, for a decree determining the shares Avhich the several parties should contribute for the redemption of certain lands from a mortgage. From the decree of the chancellor, both parties appeal. The agreement, with the exception of the fifth section, alleged to have been entered into between the parties, is as follows: “This agreement made and entered into by and between D. K. Caldwell, S. Almena Caldwell, George B. Caldwell, and Europe H. Caldwell, witnesseth: (1) D. K. Caldwell shall make…

1Opinion of the CourtMcCLELLAN, J.

— Hamlin Caldwell died September 3, 1895. Four heirs survived him, viz., G. B. and E. H. Caldwell (complainants) and D. K. and S. Almena CaldAvell • (respondents). Decedent was a large landowner. He Avas indebted to J. E. Butler, to Avhom he had executed two mortgages on lands described in this bill. On December 28, 1896, Butler assigned these mortgages to Sallie B. Brown, and also made to her a quitclaim to the land described in them. On November *59621, 1898, Sallie B. Brown assigned the mortgage and executed an appropriate quitclaim to A. H. Moody (respondent) . D. K. Caldwell was constituted…

2Cases cited7 opinions

  1. Haney v. LeggSupreme Court of Alabama · 1900
  2. Ware v. CurrySupreme Court of Alabama · 1880
  3. McQueen v. WhetstoneSupreme Court of Alabama · 1900
  4. Caldwell v. CaldwellSupreme Court of Alabama · 1911
  5. Caldwell v. CaldwellSupreme Court of Alabama · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Lamar v. LamarCourt of Civil Appeals of Alabama · 1985
  2. Caldwell v. CaldwellSupreme Court of Alabama · 1916
  3. Caldwell v. CaldwellSupreme Court of Alabama · 1917
  4. Jackson v. Ohio Electric Railway Co.Darke County Court of Common Pleas · 1916

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