McCoy v. Gentry
Supreme Court of Alabama
Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham. The bill in this cause was filed on IStli September, 1879, by Daniel H. Gentry against Leander F. McCoy and John F., Lewis, to have a conveyance of land, absolute on its face, and reciting a moneyed consideration, executed, as alleged in the bill, on l>th May, 1866, by the complainant to the defendant McCoy and James F. Waddell, attorneys-at-law, declared a mortgage, executed to secure a fee of $500, which the…
Read the full summary
Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham. The bill in this cause was filed on IStli September, 1879, by Daniel H. Gentry against Leander F. McCoy and John F., Lewis, to have a conveyance of land, absolute on its face, and reciting a moneyed consideration, executed, as alleged in the bill, on l>th May, 1866, by the complainant to the defendant McCoy and James F. Waddell, attorneys-at-law, declared a mortgage, executed to secure a fee of $500, which the complainant had agreed to pay said attorneys in the event of their successful defense of a bill in equity, which had been…
1Opinion of the CourtStone, J.
— Taking the averments of the bill and the testimony of the complainant, Gentry, as true, and they show the following state of facts : About December, 1866, Gentry moved off the premises in controversy, and McCoy moved in and took possession. He continued in possession, exercising acts of ownership and control until 1872 or 73, when he sold to Lewis, and the latter entered and occupied. He remained in quiet and undisturbed possesson under a contract of purchase from McCoy, until this bill was filed in September, 1879. During all this time there is neither averment nor proof that either McCoy…
2Cases cited4 opinions
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- King v. KingSupreme Court of Alabama · 1878
- Byrd v. McDanielSupreme Court of Alabama · 1858
- Bolling v. MunchusSupreme Court of Alabama · 1877
3Cited by7 opinions
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- Woods v. SandersSupreme Court of Alabama · 1946
- Richter v. NollSupreme Court of Alabama · 1900
- Knowles v. CanantSupreme Court of Alabama · 1951
- Barnett v. WaddellSupreme Court of Alabama · 1946
2 more not listed; retrieve them via the Exa API.