Williams v. Nolen
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before tire Hon. C. W. RapiER. The transcript in this case is very defective, containing only the judgment, bill of exceptions, and appeal bond. The action was brought by Daniel Nolen, against William Williams, and it seems -to have been either detinue for the recovery of certain bales of cotton, or trover for their conversion.
Read the full summary
Appeal from the Circuit Court of Barbour. Tried before tire Hon. C. W. RapiER. The transcript in this case is very defective, containing only the judgment, bill of exceptions, and appeal bond. The action was brought by Daniel Nolen, against William Williams, and it seems -to have been either detinue for the recovery of certain bales of cotton, or trover for their conversion. It appeared in evidence on the trial, as the bill of exceptions shows, that the cotton was raised by one William Wright, in the year 1854, on land which he had rented from the defendant, Williams; and that the stipulation…
1Opinion of the CourtStone, J.
In Smyth v. Tankersley, 20 Ala. 212, it was held, that a contract, by which the owner of land lets it to another, and agrees to receive as compensation a portion of the specific products, is a letting oh shares, and creates a tenancy in common in such products. The contract between Williams and Wright, as disclosed by *169the evidence, brings tbis case precisely within the prin. ciple above stated, and constitutes Williams one of the tenants in common, in the right to the cotton in controversy.
[2.] There being no pleadings in this record, we are left in doubt as to the form o'f the action. Trover…
2Cases cited2 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Perminter v. KellySupreme Court of Alabama · 1851
3Cited by13 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Collier v. FaulkSupreme Court of Alabama · 1881
- Pruitt v. EllingtonSupreme Court of Alabama · 1877
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
- Ellerson v. StateSupreme Court of Alabama · 1881
8 more not listed; retrieve them via the Exa API.