Bailey v. Robinson

Key passage — most relied on by later courts

““THIS CAUSE came on for trial and hearing before the Court, without a jury, on certain issues on the following claims: the third party complaint of Linzy against Elbert C. Robinson and Verna Cotten Robinson, his wife, Arthur J. Robinson and Jennie Stewart Robinson, his wife, and Rosalie Robinson Gordon-Mills; and on the complaint of Bailey against the above referred to third party defendants. . 2. Linzy is entitled to recover from.Bailey such damages as Linzy has sustained resulting from the interference of Linzy’s possession by Bailey, together with all costs and expenses suffered or incurred by Linzy in sustaining Linzy’s right to possession. 3. That Bailey is not entitled to damages or indemnification from Robinson under the Option Agreement the deed to Bailey from Robinson dated August 2, 1974, or the corrected deed of April 21, 1975. That E. Lamar Bailey and Ernest Bailey, d/b/a E. Lamar Bailey and Associates shall take nothing by their complaint against the third party defendants and that the third party defendants Eibert C. Robinson and Verna Cotten Robinson, his wife, Arthur J. Robinson and Jennie Stewart Robinson, his wife, and Rosalie Robinson Gordon-Mills shall go hence without day.” (e. s.)”

quoted by 1 later decision, including Robinson v. Bailey