Bethea v. Bethea
Supreme Court of Alabama
Appeal from tlie City Court of Montgomery. Heard before the Hon. A. I). Sayre. Tlie original bill in this case ivas filed by Kate Bethea and others against Henry Bethea, Theodore Bethea and Mamie Bethea, and sought to have certain property owned by plaintiffs and defendants, as tenants in common, sold, and the proceeds of the sale distributed among the co-tenants.
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Appeal from tlie City Court of Montgomery. Heard before the Hon. A. I). Sayre. Tlie original bill in this case ivas filed by Kate Bethea and others against Henry Bethea, Theodore Bethea and Mamie Bethea, and sought to have certain property owned by plaintiffs and defendants, as tenants in common, sold, and the proceeds of the sale distributed among the co-tenants. The relief prayed for in the bill was granted, and among the property sold was a house and lot situated in tlie city of Montgomery. This house and lot was purchased by Henry Bethea at the price of $9,500, his bid of this amount…
1Opinion of the Court
McCLELLAN, C. J. —
It is not questioned that Henry Bethea was entitled to the possession of the house and lot at the partition sale and purchased by him from and after the confirmation of that sale. Being so entitled and the possession and use of the property being kept from him by Miss Bethea and Theodore Bethea, who occupied and eujoved it, it follows that he was entitled to recover from them the value of such use and occupation. This right is rested upon the consideration that they have to that extent been benefited, and he to that extent has been damaged by their enjoyment of his property;…
2Cases cited4 opinions
- Stein v. McGrathSupreme Court of Alabama · 1900
- Marshall v. MarshallSupreme Court of Alabama · 1888
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- Barnum v. RaborgHigh Court of Chancery of Maryland · 1850
3Cited by6 opinions
- Wood v. EstesSupreme Court of Alabama · 1932
- Jarrett v. HagedornSupreme Court of Alabama · 1938
- O'Rear v. KimbroSupreme Court of Alabama · 1933
- Copeland v. KingSupreme Court of Alabama · 1932
- Thomas v. Bank of HurtsboroSupreme Court of Alabama · 1942
1 more not listed; retrieve them via the Exa API.