Ex Parte Barkley
Supreme Court of Alabama
Original petition by Fannie M. Barkley for writ of mandamus to Hon. Walter B. Jones, as Judge of the Circuit Court, Montgomery County. The petitioner is entitled to the benefit of section 2879 of the Code, as amended'by Acts 1915, p. 715. Peters v. Schuessler, 208 Ala. 627, 95 South. 26. The facts in this case do not bring the petitioner within the provisions of the statute.
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Original petition by Fannie M. Barkley for writ of mandamus to Hon. Walter B. Jones, as Judge of the Circuit Court, Montgomery County. The petitioner is entitled to the benefit of section 2879 of the Code, as amended'by Acts 1915, p. 715. Peters v. Schuessler, 208 Ala. 627, 95 South. 26. The facts in this case do not bring the petitioner within the provisions of the statute. Code 1907, § 28'79, as amended; Peters v. Schuessler, 208 Ala. 629, 95 South. 26; Ex parte Johns, 209 Ala. 638, 96 South. 888; Ex parte Hood, 107 Ala. 524, 18 South. 176; Beits v. Cobb, 121 Ala. 157, 25 South. 692.
1Opinion of the CourtSayre, J.
B. F. Boyd and another, on bill filed and issue joined, had decree (September 4. 1923) against petitioner, Fannie M. Barkley, .canceling and annulling a deed by which Elizabeth Y. Yidetto had undertaken to convey a certain parcel of realty to petitioner, and ordering that petitioner within 10 days surrender and deliver the property to complainants. On September 13, following, defendant in the trial court, petitioner here, took an appeal by filing security for costs of appeal. Thereafter, September 17, 1923, the court by agreement of the parties rendered a decree in part as follows:
“The…
2Cases cited7 opinions
- Ex parte Tower Manufacturing Co.Supreme Court of Alabama · 1893
- Peters v. Chas. Schuessler & SonsSupreme Court of Alabama · 1923
- Ex Parte JohnsSupreme Court of Alabama · 1923
- Kimball v. Cunningham Hardware Co.Supreme Court of Alabama · 1918
- Cahalan v. Monroe, Smaltz & Co.Supreme Court of Alabama · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Scott v. ShepherdSupreme Court of Alabama · 1927
- Cobb v. Reed Phosphate Co.Supreme Court of Alabama · 1929
- Hughes v. DukeSupreme Court of Alabama · 1948
- Ex Parte LacySupreme Court of Alabama · 1936
- Murphy v. VaughanSupreme Court of Alabama · 1933
2 more not listed; retrieve them via the Exa API.