Ex parte Elyton Land Co.
Supreme Court of Alabama
The facts of the case are sufficiently stated in the opinion. The decree in this case, having ascertained the right of the complainant to dower, is final, notwithstanding the necessity for a reference to- the register. — Cochran v. Miller, 74 Ala. 61. This doctrine is expressly recognized in Adams v. Sayre, where it is held that a decree may be partly final and partly interlocutory; but when it determines all issues of law and fact constituting the equities proper of the…
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The facts of the case are sufficiently stated in the opinion. The decree in this case, having ascertained the right of the complainant to dower, is final, notwithstanding the necessity for a reference to- the register. — Cochran v. Miller, 74 Ala. 61. This doctrine is expressly recognized in Adams v. Sayre, where it is held that a decree may be partly final and partly interlocutory; but when it determines all issues of law and fact constituting the equities proper of the cause, it is final as to those equities, and an appeal will lie. — Adams v. Sayre, 76 Ala. 517 ; Stoudenmire v.…
1Opinion of the CourtBrickell, C. J.
Rebecca E. Denny filed her original bill in equity in the city court of Birmingham, against the heirs-at-law of her deceased husband, Joab Bagley, the Elyton Land Company and others, alleging that her said husband died intestate in April, 1875, seized in fee of a described tract or parcel of lands, of and in which dower had not been assigned to her ; that after bis death, the Elyton Land Company had entered upon and taken possession of the lands, and made improvements thereon, and that certain other persons, who were made defendants, entering under said company, were in possession of parts of…
2Cases cited6 opinions
- Adams v. SayreSupreme Court of Alabama · 1884
- Cochran v. MillerSupreme Court of Alabama · 1883
- Randle v. BoydSupreme Court of Alabama · 1882
- Jones v. WilsonSupreme Court of Alabama · 1875
- Walker v. CrawfordSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Carter v. MitchellSupreme Court of Alabama · 1932
- de Graffenried v. BreitlingSupreme Court of Alabama · 1915
- McCulloch v. RobertsSupreme Court of Alabama · 1973
43 more not listed; retrieve them via the Exa API.