Cooper v. Davison
Supreme Court of Alabama
Appeal from the Olían eery Court of Pike. Heard before tbe Hon. John A. Poster. The bill in this ease was filed, on what day the record does not show, by John T. Davison and others, as children and heirs at law of James Davison, deceased, against M. C. Cooper and his wife, Mrs. Texas J. Cooper; and sought the foreclosure of a mortgage on a tract of land, which was executed by defendants to said James Davison, dated March 29, 1881; and it also prayed that a deed for the land…
Read the full summary
Appeal from the Olían eery Court of Pike. Heard before tbe Hon. John A. Poster. The bill in this ease was filed, on what day the record does not show, by John T. Davison and others, as children and heirs at law of James Davison, deceased, against M. C. Cooper and his wife, Mrs. Texas J. Cooper; and sought the foreclosure of a mortgage on a tract of land, which was executed by defendants to said James Davison, dated March 29, 1881; and it also prayed that a deed for the land executed to Mrs. Cooper by Mrs. L. N. Pickett and her husband, J. F. Pickett, dated October 29, 1886, be declared…
1Opinion of the CourtClopton, J.
The bill is filed by appellees, as heirs at law of James Davison, for the foreclosure of a mortgage, executed by appellants to him, March 29, 1881, to secure a note for eight hundred dollars. The bill alleges the death of the mortgagee; that the complainants are his heirs, and only heirs at law; that the estate owes no debts, and there has been no administration; and that the property of the estate, except a few uncollected notes, and the mortgage debt, has been distributed among those entitled. While the general rule is, that distributees can not, in the absence of an administration and…
2Cases cited4 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Carter v. OwensSupreme Court of Alabama · 1867
- Sullivan v. LawlerSupreme Court of Alabama · 1882
3Cited by7 opinions
- McGhee v. AlexanderSupreme Court of Alabama · 1893
- Silverman v. Sunrise Pictures Corp.Court of Appeals for the Second Circuit · 1923
- Byrd v. &198tna Life Ins. Co.Alabama Court of Appeals · 1933
- Wright v. RobinsonSupreme Court of Alabama · 1891
- Alexander v. Bond Bros.Supreme Court of Alabama · 1936
2 more not listed; retrieve them via the Exa API.