Houston v. Stanton
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Livings’ ton. In December, 1843, the defendants in error filed their bill, setting forth that on the 20th November, 1842, they, together with Rufus W. J. Stanton, since deceased, executed a writing under their respective hands and seals, whereby, after reciting, among other things, that they were jointly interested in a farm carried on by them, it was stipulated, if either one or two of them die before a final adjustment and…
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Writ of Error to the Court of Chancery sitting at Livings’ ton. In December, 1843, the defendants in error filed their bill, setting forth that on the 20th November, 1842, they, together with Rufus W. J. Stanton, since deceased, executed a writing under their respective hands and seals, whereby, after reciting, among other things, that they were jointly interested in a farm carried on by them, it was stipulated, if either one or two of them die before a final adjustment and division of the property then owned by the parties jointly or individually, alí the property, both joint and individual,…
1Opinion of the CourtCollier, C. J.
The agreement between the plaintiff and Rufus W. J. Stanton, contains a recital and stipulation as follows, viz: “ having mutually agreed heretofore to labor in concert, and be equal sharers and partners in law and equity in the product of our labor, and those under our care; and having agreed to bear, each and severally an equal part in the expense and debts incurred by carrying on a farm, raising stock, purchasing land, negroes and other property, sometimes jointly, sometimes individually — Now know ye, and all to whom these presents shall come, that we, the said Rufus W. J. Stanton,…
2Cases cited9 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Murray v. LylburnNew York Court of Chancery · 1817
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- Murray v. MumfordNew York Supreme Court · 1826
- Austin v. WalshMassachusetts Supreme Judicial Court · 1807
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