Layton v. Campbell
Supreme Court of Alabama
Partition. Appeal from Henry Probate Court. Heard before Hon. Dan Gordon. Partition by George L. Campbell against J. F. Layton. From a judgment for plaintiff, defendant appeals. An adverse claim is sufficient to oust the jurisdiction of tbe probate court in partition proceedings. — Section 3178, Code 1896; Hillans v. Brinsfiekl, 108 Ala. 105; Mitchell v. Mitchell, 101 Ala. 183; Goree v. Dickerson, 89 Ala. 363; Dial v. Reynolds, 96 IT.
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Partition. Appeal from Henry Probate Court. Heard before Hon. Dan Gordon. Partition by George L. Campbell against J. F. Layton. From a judgment for plaintiff, defendant appeals. An adverse claim is sufficient to oust the jurisdiction of tbe probate court in partition proceedings. — Section 3178, Code 1896; Hillans v. Brinsfiekl, 108 Ala. 105; Mitchell v. Mitchell, 101 Ala. 183; Goree v. Dickerson, 89 Ala. 363; Dial v. Reynolds, 96 IT. S. 340. Neither Layton nor Campbell were ever in possession of the land.- — Parks v. Bennett, 104 Ala. 438; Graft v. Thornton, 125 Ala. 391; Davis v. Gurry, 85…
1Opinion of the CourtHaralson, J.
This proceeding was begun by petition of appellee (Campbell) to the probate court of Henry county, to have the lands described in tlie petition partitioned between himself and appellant (Lay-ton) pursuant to sections '3161, and following, of the Civil Code of 1896. The petition alleged that appellee and appellant were tenants in common of the lands, and that each was the owner of an undivided one-half interest therein. Appellant answered the petition, denying tenancy in common, asserting entire title in himself, and averring that Avhen the petition was filed, and when the conveyance under…
2Cases cited8 opinions
- Johns v. JohnsSupreme Court of Alabama · 1890
- Hillens v. BrinsfieldSupreme Court of Alabama · 1895
- Bailey v. StateSupreme Court of Alabama · 1894
- McMath v. DeBardelabenSupreme Court of Alabama · 1883
- Deloney v. WalkerSupreme Court of Alabama · 1839
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3Cited by5 opinions
- Baldridge v. CaulkSupreme Court of Oklahoma · 1924
- Rodgers v. International Land Co.Supreme Court of Oklahoma · 1924
- Tarver v. StateAlabama Court of Appeals · 1914
- Johnson v. GartmanSupreme Court of Alabama · 1911
- Langley v. LangleySupreme Court of Alabama · 1916