Elliott v. Stocks
Supreme Court of Alabama
Tried of the Right of Property. Appeal from Cherokee Circuit Court. Tried before Hod. W. L. Whitlock. This was a suit commenced by an attachment, which was issued on the 19th of July, 1877, at the instance of John T. Stocks, and against H. D. Cothran, Robert Marshall, Thomas McCullough, and W. S. McElwain.
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Tried of the Right of Property. Appeal from Cherokee Circuit Court. Tried before Hod. W. L. Whitlock. This was a suit commenced by an attachment, which was issued on the 19th of July, 1877, at the instance of John T. Stocks, and against H. D. Cothran, Robert Marshall, Thomas McCullough, and W. S. McElwain. The evidence on which this case was tried is substantially the same as that which is set out in the case of Stocks & Bro. against J. M. Elliott, as reported on pp. 291 et seq. of this volume. It is,unnecessary to' repeat it here. The errors assigned, twenty-nine in number, are to the same…
1Opinion of the CourtStone, J.
— Many of the questions in this cause are settled by our rulings in the case of Elliott v. Stocks & Bro., at the present term.
The instrument under seal of January 1st, 1874, is the written evidence of the contract by which the defendants agreed to operate the property known as the Cornwall Iron Works, in joint adventure. Before that agreement was con*337summated, the ownership of the property was in Cothran. That agreement let in Marshall, McCullough, and McElwain. Before reading it in evidence, it was necessary to prove its execution. It purported to be signed by Cothran and McCullough in…
2Cited by5 opinions
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