Legal Opinion

Hogan v. Smith

Supreme Court of Alabama

Decided June 15, 1849PublishedCited by 5 opinions

Error to the Chancery Court at Wetumpka. Tried before the Hon. Wilie W. Mason, chancellor. The bill was filed in May 1843 by the plaintiffs in error as judgment creditors of Thomas W. & John Smith, partners using ihe firm name of T. W. Smith & Son, and alleges that one or both oí said firm have an equitable intersst in various tracts of land in Coosa county, viz, the W. 1-2 Sec. 17, T. 23, R. 20 — the E. 1-2 18, in the same Township and Range — the W. 1-2 19, T. 24, R. 18 —…

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Error to the Chancery Court at Wetumpka. Tried before the Hon. Wilie W. Mason, chancellor. The bill was filed in May 1843 by the plaintiffs in error as judgment creditors of Thomas W. & John Smith, partners using ihe firm name of T. W. Smith & Son, and alleges that one or both oí said firm have an equitable intersst in various tracts of land in Coosa county, viz, the W. 1-2 Sec. 17, T. 23, R. 20 — the E. 1-2 18, in the same Township and Range — the W. 1-2 19, T. 24, R. 18 — the E. 1-2 31, T. 24, R. 19. — a half section of land with a mill on it near Sockapatoy in the possession of said John…

1Opinion of the CourtDargan, J.

The answer of Reynolds is responsive to the bill. It denies that Smith has any equitable interest in the lands to which the respondent has the legal title. Títere is no proof to show the interest of Smith, and consequently the bill was properly dismissed as to him. "We also think the bill was properly dismissed as to Burgess, His answer shows that he purchased the equitable interest of Smith in the town lots and one half section of land before the bill was filed. The complainants by their interrogatories call on him to state the consideration he paid to Smith, and he states that he paid eight…

2Cases cited3 opinions

  1. Fenno v. SayreSupreme Court of Alabama · 1842
  2. Elmore v. HarrisSupreme Court of Alabama · 1848
  3. Branch of the Bank of Alabama v. MarshallSupreme Court of Alabama · 1842

3Cited by5 opinions

  1. Alexander v. CaldwellSupreme Court of Alabama · 1876
  2. Walthall's Ex'rs v. Rives, Battle & Co.Supreme Court of Alabama · 1859
  3. Shaw v. LindseySupreme Court of Alabama · 1877
  4. Terry v. KeatonSupreme Court of Alabama · 1877
  5. Childress v. HarrisonSupreme Court of Alabama · 1872

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