Cook v. Rogers
Supreme Court of Alabama
Appear from the Chancery Court of Lee. Heard before the Hon. N. S. Graham. The original bill in this case was filed on the 11th September, 1871, by Anthony F. Rogers, in his own right, and as trustee for his wife, Mrs. Martha A. Rogers, against F. T. Cook and Clay M. Cook ; and sought, principally, the reformation of a written contract entered into between said Clay M. Cook and A. F. Rogers, for the planting and cultivation of a vineyard and orchard near Opelika, and the…
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Appear from the Chancery Court of Lee. Heard before the Hon. N. S. Graham. The original bill in this case was filed on the 11th September, 1871, by Anthony F. Rogers, in his own right, and as trustee for his wife, Mrs. Martha A. Rogers, against F. T. Cook and Clay M. Cook ; and sought, principally, the reformation of a written contract entered into between said Clay M. Cook and A. F. Rogers, for the planting and cultivation of a vineyard and orchard near Opelika, and the employment of said F. T. Cook as superintendent and manager thereof. The original contract, according to the' allegations…
1Opinion of the CourtBrickell, C. J.
It is not, and cannot be denied, that' the infants, Lucy Cook, Sarah Cook, Nancy Cook, and Polly Cook, cestius que trust under the deed executed to Foreman as trustee, were not only proper, but necessary parties defendant to the original and amended bills. The original bill, averring their infancy and ages, but not averring, except as to Lucy, their residence, or who had the care and custody of them, makes them parties defendant, praying process against them. Summons was issued and served upon them personally. The 23d- rule of practice, which is but a repetition of the former rule 20 (R. O',…
2Cases cited6 opinions
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
- Butler v. ButlerSupreme Court of Alabama · 1847
- Bondurant v. Sibley's HeirsSupreme Court of Alabama · 1861
- Hodges v. WiseSupreme Court of Alabama · 1849
- Keiffer v. Barney Bros.Supreme Court of Alabama · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Hamilton v. TolleySupreme Court of Alabama · 1923
- Gibson v. CurrierMississippi Supreme Court · 1903
- McQueen v. GrigsbySupreme Court of Alabama · 1907