Hillens v. Brinsfield
Supreme Court of Alabama
Appeal from Montgomery Probate Court. Tried before Hon, F. C. Randolph. Tlie appellee, Emma Brinsfield, filed lier petition against appellant Charles Hillens and Kate Monfee, praying that certain lands described in the petition be sold for a..division between her and said Kate Monfoe.
Read the full summary
Appeal from Montgomery Probate Court. Tried before Hon, F. C. Randolph. Tlie appellee, Emma Brinsfield, filed lier petition against appellant Charles Hillens and Kate Monfee, praying that certain lands described in the petition be sold for a..division between her and said Kate Monfoe. She alleged in her petition that slie and Kate Monfee each owned an undivided half interest in the land, and that it could not be equitably divided without a sale ; that Hillens was in possession thereof, and disputed any right of petitioner therein ; but that petitioner recovered possession of an undivided half…
1Opinion of the CourtHead, J.
Petition for sale of land for division among tenants in common, alleging the statutory jurisdictional facts, and showing petitioner and respondent, Kate Monfee, to be tenants in common of the land, in equal interests. Before the petition was filed, respondent, Charles Hillens, had asserted an adverse claim to, and possession of the land, but at the suit of petitioner, in an action of ejectment against Hillens, in the proper law court, she recovered of him possession of an undivided one-half interest. These facts are alleged in the petition, and Hillens, by reason of them, is brought in as a…
2Cases cited20 opinions
- Dial v. ReynoldsSupreme Court of the United States · 1878
- Peters v. BowmanSupreme Court of the United States · 1878
- Horton v. SledgeSupreme Court of Alabama · 1856
- Boykin v. SmithSupreme Court of Alabama · 1880
- Hodges v. DennySupreme Court of Alabama · 1888
15 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Stein v. McGrathSupreme Court of Alabama · 1900
- Miller v. GastonSupreme Court of Alabama · 1925
- Wood v. BarnettSupreme Court of Alabama · 1922
- Morgan v. Big Woods Lumber Co.Court of Appeals of Kentucky · 1923
- Hall v. CondonSupreme Court of Alabama · 1909
21 more not listed; retrieve them via the Exa API.