Brunson v. Morgan
Supreme Court of Alabama
Arpear from the Circuit Court of Coffee. Tried before the Hon. II. JD. Crayton. This action was brought by Mrs. Sallie Morgan, a married woman, against Matthew Brunson, to recover a tract of land particularly described in the complaint, with damages for its detention.
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Arpear from the Circuit Court of Coffee. Tried before the Hon. II. JD. Crayton. This action was brought by Mrs. Sallie Morgan, a married woman, against Matthew Brunson, to recover a tract of land particularly described in the complaint, with damages for its detention. The defendant pleaded not guilty, and a special plea, which averred that, at the time of the execution of the deed under which plaintiff claimed, he was in the adverse possession of the land under claim of title, and therefore her deed was void. The cause was tried on issue joined on both of these pleas. On the trial, as the…
1Opinion of the Court
STONE, O. J.
— The deed to Stoudenmeier & Co. vested the legal title in the several members of the firm as tenants in common, and not in the name of the partnei'ship as such. Its legal effect was the same as if the deed had been made to the three partners in their individual names. Each partner became seized of an undivided third part of the land, subject, so far as the powers of a court of law can be exerted, to all the incidents of real estate held in common. — Code of 1876, § 2191. In equity, a different rule prevails. If lands are purchased with partnership effects, and are needed for the…
2Cases cited2 opinions
- Lang's Heirs v. WaringSupreme Court of Alabama · 1854
- Caldwell v. Parmer's Adm'rSupreme Court of Alabama · 1876
3Cited by3 opinions
- Kentucky Block Cannel Coal Co. v. SewellCourt of Appeals for the Sixth Circuit · 1918
- Sealy v. LakeSupreme Court of Alabama · 1942
- Hendren v. WingSupreme Court of Arkansas · 1895