Stringfellow v. Curry & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before the ITon. S. II. Spkott. This action was brought' by T. Stringfellow, against D. S Curry & Co. as partners; and was commenced on the 16th November, 1883. The complaint contained only a single count, which claimed $200 for the defendants’ use and occupation of a store-house and lot in the town of Pickensville, from the 1st September, 1882, to the 1st February, 1883. The plaintiff claimed, and alleged in his complaint,…
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Appeal from the Circuit Court of Pickens. Tried before the ITon. S. II. Spkott. This action was brought' by T. Stringfellow, against D. S Curry & Co. as partners; and was commenced on the 16th November, 1883. The complaint contained only a single count, which claimed $200 for the defendants’ use and occupation of a store-house and lot in the town of Pickensville, from the 1st September, 1882, to the 1st February, 1883. The plaintiff claimed, and alleged in his complaint, that the house and lot belonged to the statutory estate of his wife; while the defendants insisted that they entered as…
1Opinion of the CourtSomerville, J.
— It is entirely immaterial whether the land in controversy was purchased by Thomas Ivie, or by his wife, as a complete stranger to the judgment or decree under which the sale of it was made by the Chancery Court. If we concede all that is claimed by appellant’s counsel, and assume that Thomas Ivie was the real purchaser, taking the title in his wife’s name, for convenience or otherwise, and, for this reason, that the case comes fully within the principle decided in McDonald v. Mobile Life Insurance Co., 65 Ala. 358 (holding that the owner of a. judgment, who purchases land under an execution…
2Cases cited4 opinions
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1880
- Evertsen v. SawyerNew York Supreme Court · 1829
- Davidson v. ErnestSupreme Court of Alabama · 1845
- Executors of Smith v. HoustonSupreme Court of Alabama · 1849
3Cited by6 opinions
- Crabtree v. StreetSupreme Court of Alabama · 1917
- Powell v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Grady v. Ibach & Co.Supreme Court of Alabama · 1891
- Jones v. ScottSupreme Court of Alabama · 1947
- Lockard v. BartonSupreme Court of Alabama · 1884
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