Donegan v. Donegan
Supreme Court of Alabama
Appeal from Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by. the appellee, Laura Donegan, against the appellant, James Donegan, on December 8,1892, and prayed for the sale of a certain lot, described in the bill, for division between the complainant and the respondent.
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Appeal from Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by. the appellee, Laura Donegan, against the appellant, James Donegan, on December 8,1892, and prayed for the sale of a certain lot, described in the bill, for division between the complainant and the respondent. The bill averred the marriage of the complainant and respondent in 1864, and that in December, 1870, the complainant and respondent purchased the lot sought to be sold for division from one Darwin and wife. It was also averred that on September 13, 1892, the complainant obtained…
1Opinion of the CourtHaralson, J.
1. The deed under which the parties to this suit hold the property sought to be sold for division, on the ground that it can not be partitioned in kind, conveyed the property to the husband and wife, without any declaration in the instrument as to what their interest or tenancy should be. There is no doubt that, under such a deed, at common law, the husband and wife acquired an estate, not as joint tenants, or tenants in common, — not one which they acquired by *490moieties, but by entirety. For a full discussion of an estate by entirety, with a collection of the English and American authorities…
2Cases cited7 opinions
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Walthall v. GoreeSupreme Court of Alabama · 1860
- Depas v. MayoSupreme Court of Missouri · 1848
- Lash v. LashIndiana Supreme Court · 1877
- Sloan v. FrothinghamSupreme Court of Alabama · 1882
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3Cited by9 opinions
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- Whyman v. JohnstonSupreme Court of Colorado · 1917
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