Tutwiler v. Dugger
Supreme Court of Alabama
Appeal from the Chancery Court of Hale. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, B. B. Dugger against the appellants, P. A. Tutwiler, C. S. Tufcwiler and H. T. Young.
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Appeal from the Chancery Court of Hale. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, B. B. Dugger against the appellants, P. A. Tutwiler, C. S. Tufcwiler and H. T. Young. The bill as filed avers as follows “That on the 12th day of September, 1890, this complainant and the said Henry T. Young, C. S. Tutwiler and P. A. Tutwiler, all of whom were then and are now of lawful age and of sound mind, bought a plantation in Hale-county, Alabama, [describing the plantation and averring th-e terms of sale]; that P. A. Tutwiler negotiated the sale of the land…
1Opinion of the CourtSharpe, J.
To present a case for an accounting in equity as between partners, the bill should as a first requisite, show the existence past or present of a partnership between the complainant and those with whom he seeks to account. — 15 Ency. PI. & Pr. 1082. That the court may determine from facts averred whether the •compact depended on as creating a partnership has such effect, the terms of the agreement should’ be alleged in ■terms or in substance.' — Little v. Snedecor, 52 Ala. 167. And ás a basis for stating the account and decreeing thereon the interests of the partners respectively should ■be…
2Cases cited3 opinions
- Glover v. HembreeSupreme Court of Alabama · 1886
- Savannah & Memphis Rail Road v. LancasterSupreme Court of Alabama · 1878
- Little v. SnedecorSupreme Court of Alabama · 1875
3Cited by12 opinions
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Globe Rutgers Fire Ins. Co. v. Eureka Sawmill Co.Supreme Court of Alabama · 1933
- Dugger v. TutwilerSupreme Court of Alabama · 1900
- Northern v. TatumSupreme Court of Alabama · 1909
- Sibley v. KennedySupreme Court of Alabama · 1932
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