Carroll v. Draughon
Supreme Court of Alabama
Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by D. S. Carroll, as administrator, against J. W. Draughon for restitution, and for an accounting for rents and profits. From a decree dismissing the bill complainant appeals.
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Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by D. S. Carroll, as administrator, against J. W. Draughon for restitution, and for an accounting for rents and profits. From a decree dismissing the bill complainant appeals. The application to have the land set apart to the widow as a homestead does not estop her or her vendee to seek the redress here sought. — Faircloth et al. v. Carroll, 137 Ala. 243. She was left in possession in her own right, and by no act of the husband and hence, her possession was notice of her claim. — McLeod v. Bishop, 110 Ala. 645. The…
1Opinion of the CourtSomerville, J.
In a former proceeding in the chancery court at Geneva, the respondents, herein procured a sale of certain land for division among tenants in common, they claiming a one-third interest, and alleging that the respondents therein — Ophelia Carroll and her minor child, Chaldee Peacock — owned the other two-thirds. At this sale respondents herein purchased said land, received a deed, and were put in possession under a writ issued by said court, ousting therefrom said Ophelia Carroll and Chaldee Peacock. These two parties had in the meantime appealed from the chancery decree under which said sale…
2Cases cited16 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Marks v. CowlesSupreme Court of Alabama · 1878
- McCall v. McCurdySupreme Court of Alabama · 1881
- Ex parte Walter Bros.Supreme Court of Alabama · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Carter v. MitchellSupreme Court of Alabama · 1932
- Capital Transit Co. v. Public Utilities Commission of District of ColumbiaCourt of Appeals for the D.C. Circuit · 1954
- Coker & Bellamy v. RicheyOregon Supreme Court · 1923
- Hawkins v. SnellingsSupreme Court of Alabama · 1951
- Ex Parte RobertsonSupreme Court of Alabama · 1937
8 more not listed; retrieve them via the Exa API.