Freeman v. Pullen
Supreme Court of Alabama
Appeal from Limestone Chancery Court. Tried before Hon. Wm. H. Simpson. The caption of the bill begins: “Your orator, J. D. Pullen, surviving partner of the firm of J. S. Childers & Co., his former partner, J. S. Childers, being dead, brings this bill,” &c. It was prayed that “your honor will, by decree, subject said real estate to the payment of the demand due your orator as surviving partner aforesaid.” Other averments of the bill are stated in the opinion.
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Appeal from Limestone Chancery Court. Tried before Hon. Wm. H. Simpson. The caption of the bill begins: “Your orator, J. D. Pullen, surviving partner of the firm of J. S. Childers & Co., his former partner, J. S. Childers, being dead, brings this bill,” &c. It was prayed that “your honor will, by decree, subject said real estate to the payment of the demand due your orator as surviving partner aforesaid.” Other averments of the bill are stated in the opinion. The defendant demurred to the bill on the grounds, substantially: 1. The names of the partners composing the firm of J. S. Childers &…
1Opinion of the CourtColeman, J.
The averments of the bill show with sufficient definiteness that complainant sues in his character as surviving partner; that the lands sought to be condemned are situated in Limestone county, the county in which the bill is filed, and that the debt was due by account for goods and merchandise sold by the partnership, of which complainant is the surviving partner, “to the. Freeman Lumber Company, in which H. S. Freeman was the active and principal partner.” The bill avers that after said debt accrued, I-I. S. Freeman paid for certain lands, and had the title taken in the name of his wife, B.…
2Cases cited10 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Handley v. HeflinSupreme Court of Alabama · 1887
- Davis v. SwansonSupreme Court of Alabama · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Smith v. WilderSupreme Court of Alabama · 1960
- Ex Parte Textile Workers Union of AmericaSupreme Court of Alabama · 1947
- Davis v. Stovall & BrotherSupreme Court of Alabama · 1914
- Breeding v. GrantlandSupreme Court of Alabama · 1902
- Asberry v. StateAlabama Court of Appeals · 1931
6 more not listed; retrieve them via the Exa API.