Lyons v. Jacoway
Supreme Court of Alabama
Appeal from Circuit Court, De Kalb County; W. W. I-Iarralson, Judge. Bill by W. Y. Jacoway against R. F. Lyons and others for the sale of real estate for division among the joint owners thereof. From a decree granting the relief prayed for, respondents appeal. The bill alleges the purchase of the Stuart lands by a number of people in a deed to George S. Smith as trustee, conveying the lands and a certificate by him showing the interest of each of the beneficiaries.
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Appeal from Circuit Court, De Kalb County; W. W. I-Iarralson, Judge. Bill by W. Y. Jacoway against R. F. Lyons and others for the sale of real estate for division among the joint owners thereof. From a decree granting the relief prayed for, respondents appeal. The bill alleges the purchase of the Stuart lands by a number of people in a deed to George S. Smith as trustee, conveying the lands and a certificate by him showing the interest of each of the beneficiaries. Bill further alleges the acquiring by Smith of the interest of one Bardy and Wylie. The bill alleges that Smith is dead, and that…
1Opinion of the CourtMiller, J.
The bill of complaint in this cause was filed by W. Y. Jacoway against R. F. Lyons and J. M. Lyons and others to sell for division certain land therein described, of the parties to this cause, as joint owners or tenants in common, on the ground that it cannot be equitably divided or partitioned among them.
On the 7th day of April, 1893, Thomas G. Stewart and wife conveyed by deed to George S. Smith, trustee, for $3,300, the land described in the bill of complaint. The habendum clause reads: “To have and to hold to the said George S. Smith, trustee, his heirs and assigns forever.” The bill…
2Cases cited6 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Stein v. McGrathSupreme Court of Alabama · 1900
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
- Fitts v. CraddockSupreme Court of Alabama · 1906
- Hinton v. FannerSupreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wood v. BarnettSupreme Court of Alabama · 1922
- Smith v. DickiesonSupreme Court of Alabama · 1922
- Watson v. DurrSupreme Court of Alabama · 1980
- Lyons v. JacowaySupreme Court of Alabama · 1921