Rhea v. Tucker
Supreme Court of Alabama
Appear from the Chancery Court of Etowah. Heard before tbe Hon. B. B. McCraw. The bill in this case was filed on the 25th January, 1871, by John I. Tucker and Lydia Tneker, against William H. Rbea, R. B. Rbea, Jacob Tucker, and David J. Típpens; and sought to establish a resulting trust, in favor of the complainants, in a certain tract of land, of wbicb they bad the possession, and which, as they alleged, had been bought by the said Jacob Tucker, and partly paid for with…
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Appear from the Chancery Court of Etowah. Heard before tbe Hon. B. B. McCraw. The bill in this case was filed on the 25th January, 1871, by John I. Tucker and Lydia Tneker, against William H. Rbea, R. B. Rbea, Jacob Tucker, and David J. Típpens; and sought to establish a resulting trust, in favor of the complainants, in a certain tract of land, of wbicb they bad the possession, and which, as they alleged, had been bought by the said Jacob Tucker, and partly paid for with money furnished by tbem, under an agreement that tbe purchase should be made for the joint benefit of said Jacob and tbe…
1Opinion of the CourtStone, J.
In Waller v. Sultzbacher, 38 Ala. 318, we said: “One of the conditions, upon which the defendant obtained the continuance at the fall term, 1860, was, that if the costs were not paid, in ninety days after the adjournment of the court, the defendant’s plea should be stricken from the file, and the plaintiffs have judgment by nil dicit, with inquiry. The defendant did not question the right of the court to impose these terms, but accepted the same. The order of the court became thereby an agreement of record between the parties, and the defendant can not complain that it was enforced against…
2Cases cited13 opinions
- Andrews & Bros. v. JonesSupreme Court of Alabama · 1846
- Stewart v. AndersonSupreme Court of Alabama · 1846
- Carter v. Doe ex dem. ChaudronSupreme Court of Alabama · 1852
- Deloney v. WalkerSupreme Court of Alabama · 1839
- Stephenson v. MansonySupreme Court of Alabama · 1842
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Keller v. HarrisonSupreme Court of Iowa · 1910
- Bates v. KellySupreme Court of Alabama · 1885
- McCaleb v. WorcesterSupreme Court of Alabama · 1932
- Torrey v. BishopSupreme Court of Alabama · 1894
- Webster v. TalleySupreme Court of Alabama · 1948
6 more not listed; retrieve them via the Exa API.