Cooper v. Cooper
Supreme Court of Alabama
Appeal from Circuit Court, De Kalb County; W. W. Harralson, Judge. Ejectment by John F. Cooper and: others against Joseph Cooper and others. Judgment for the plaintiffs for part of the land, and for the defendants for part of the land, and plaintiffs appeal. William Cooper owned about 200 acres of land in DeKalb county, and died leaving a wife, but no children.
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Appeal from Circuit Court, De Kalb County; W. W. Harralson, Judge. Ejectment by John F. Cooper and: others against Joseph Cooper and others. Judgment for the plaintiffs for part of the land, and for the defendants for part of the land, and plaintiffs appeal. William Cooper owned about 200 acres of land in DeKalb county, and died leaving a wife, but no children. About a year later the wife died, and the land descended to the eight brothers and sisters, five of whom were living and the other three being dead, but leaving heirs. The plaintiffs are the heirs and children of Francis Cooper,, who…
1Opinion of the CourtThomas, J.
The action, in the nature of ejectment, resulted' in a judgment in favor of plaintiffs for an undivided five-eighths interest in the land sued for, and in favor of defendants for an undivided three-eighths interest therein. The appeal was only taken by plaintiffs.
[1] Appellees did not take a cross-appeal, and may not assign error upon the record without appellants’ consent or joinder in appellees’ assignment of error. Code, §§ 2837, 2838; rule 3, Sup. Ct. Prac. Code, p. 1507. The attempted assignment of error by appellees is not considered in the absence of appellants’ consent.
“When there are…
2Cases cited29 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Stark v. StarrSupreme Court of the United States · 1877
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
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3Cited by13 opinions
- In Re Jlj Inc., D/B/A All American Trade Day, Debtor. Karen B. Rush v. Jlj Inc., D/B/A All American Trade Day, Rush Building Company, Inc.Court of Appeals for the Eleventh Circuit · 1993
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Johnson v. Shook & Fletcher Supply Co.Supreme Court of Alabama · 1944
- Williams v. WilliamsSupreme Court of Alabama · 1986
- Buck Creek Cotton Mills v. StokelySupreme Court of Alabama · 1938
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