Dallas Compress Co. v. Liepold
Supreme Court of Alabama
Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Bill by the Dallas Compress Company against Julins Diepold and others to subject certain property to the satisfaction of a judgment and for general relief. The bill was filed against Julius Liepold and Samuel A. Summers as executors of the last will and testament of Bertha Liepold and as individuals. Jeannetta Summers was als’o made a party respondent.
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Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Bill by the Dallas Compress Company against Julins Diepold and others to subject certain property to the satisfaction of a judgment and for general relief. The bill was filed against Julius Liepold and Samuel A. Summers as executors of the last will and testament of Bertha Liepold and as individuals. Jeannetta Summers was als’o made a party respondent. From decree sustaining demurrers to the bill, complainant appeals. There is equity in the hill of complaint. Sanders v. Godley, 23 Ala. 473; -Pomeroy, Equity (4th Ed.) § 747;…
1Opinion of the CourtMcCLELLAN, J.
This bill was filed by appellant against appellees. The demurrer of the respondents was sustained by the court. The theory and design of the bill will be sufficiently indicated by the facts to be recited, summarily, together with the prayer for relief.
On April 3, 1884, Edward Ikelheimer sold and conveyed to the Selma Press & Warehouse Company the lots described in the bill. The deed bore these covenants:
“And the said party of the first part [Ikelheimer] hereby covenants and agrees to and with the said party of the second part, that he is seized in indefeasible fee of the above-granted…
2Cases cited36 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
- McDowell v. JonesSupreme Court of Alabama · 1877
- Gilmer v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885
31 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Powell v. LabrySupreme Court of Alabama · 1923
- Moore v. StephensSupreme Court of Alabama · 1956
- Edgehill Corporation v. HutchensSupreme Court of Alabama · 1968
- Chicago, Mobile Development Co. v. G. C. Coggin Co.Supreme Court of Alabama · 1953
- Behan v. FriedmanSupreme Court of Alabama · 1927
6 more not listed; retrieve them via the Exa API.