Coleman v. Coleman
Supreme Court of Alabama
Appeal from. Autauga Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Kate Coleman and others, against Claude Coleman and others, for an accounting, and to declare a trust. From a decree sustaining demurrers to the bill, complainants appeal.
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Appeal from. Autauga Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Kate Coleman and others, against Claude Coleman and others, for an accounting, and to declare a trust. From a decree sustaining demurrers to the bill, complainants appeal. The right, if any, is against the legal title, and therefore, equitable, and must be asserted in equity. — Berry v. Webb, 77 Ala. 507; Donnor v. Quartermaster, 90 Ala. 164; 1 Pomeroy, 137. Being in possession the co-tenant could not change his tenancy without notice to the other tenants. — Ashford v. Ashford, 136 Ala. 632; Walker v. Wyman, 157…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellants, alleging that on January 12, 1895, Elizabeth S. Coleman, who was the mother of some of the complainants and of the respondent Claud Coleman and the grandmother of the other complainants, died intestate; that said intestate owned the land in controversy; that in 1887 she had executed a mortgage on said lands to the New England Mortgage Company, which mortgage, on the 14th day of December, 1894, covered an indebtedness of $700; that on said last-named day said intestate executed a mortgage to said respondent Claud Coleman for nominally $1,300,…
2Cases cited4 opinions
- Butts v. CooperSupreme Court of Alabama · 1907
- Savage v. BradleySupreme Court of Alabama · 1907
- Caldwell v. CaldwellSupreme Court of Alabama · 1911
- Small v. HockinsmithSupreme Court of Alabama · 1908
3Cited by13 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Markstein v. SchilleciSupreme Court of Alabama · 1952
- Gordon v. Central Park Little Boys LeagueSupreme Court of Alabama · 1960
- Van Meter v. GriceSupreme Court of Alabama · 1980
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