Legal Opinion

Coffman v. Henderson

Alabama Court of Appeals

Decided November 11, 1913PublishedCited by 19 opinions

Appeal from Jefferson Circuit Court. Heard, before Hon. E. C. Ckowe. Action by Mrs. Tippie Coffman against T. M. Henderson for damages for placing cloud upon title. Judgment for defendant on demurrer, and plaintiff appeals.

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Appeal from Jefferson Circuit Court. Heard, before Hon. E. C. Ckowe. Action by Mrs. Tippie Coffman against T. M. Henderson for damages for placing cloud upon title. Judgment for defendant on demurrer, and plaintiff appeals. The following is the complaint: “Count 3. Plaintiff claims of defendant the further sum of $100, with interest thereon, for that on, to wit, the 3d day of May, 1911, defendant filed or caused to be filed in the office of the probate judge of Jefferson county, Ala., a certain notice or declaration of lien in substance as follows: “State of Alabama, Jefferson County.…

1Opinion of the Court

THOMAS, J.' —

The reporter will set out counts Nos. 3 and 4 of the complaint, Avhich fully state plaintiff’s (appellant’s )alleged cause of action; all other counts having been AvithdraAvn. A demurrer was interposed, *557separately and severally, to each of these counts (3 and 4), upon the sustaining of which by the court the plaintiff declined to plead further and brings this appeal solely for a review of the questions raised, by the demurrer.

We are of opinion, without considering the others (which becomes entirely unnecessary), that one ground of the demurrer at least was well taken. It raises…

2Cases cited3 opinions

  1. Hill v. WardSupreme Court of Alabama · 1848
  2. Moore v. RolinSupreme Court of Virginia · 1892
  3. Ivey v. Pioneer Savings & Loan Co.Supreme Court of Alabama · 1896

3Cited by19 opinions

  1. Walley v. HUNTMississippi Supreme Court · 1951
  2. Merchants Nat. Bank of Mobile v. SteinerSupreme Court of Alabama · 1981
  3. Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
  4. Barquin v. Hall Oil Co.Wyoming Supreme Court · 1921
  5. Joseph H. Proctor, as Administrator, C/t/a of the Estate of Pinkie Sutton, Deceased v. J. C. GissendanerCourt of Appeals for the Fifth Circuit · 1978

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