Foley v. Brock
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by D. P. Brock against Sam Foley and others for partition of land. From a judgment overruling a demurrer respondents appeal. The bill was subject to the demurrers interposed for the reason that the railroad company is a joint owner or tenant in common of the land, under the averments of the bill. Tbe bill was sufficient under the statute. — Section 5205, Code 1907.
1Opinion of the CourtSayre, J.
This is a bill for sale for division among tenants in common. The bill is defective in respect to formalities which it would have been better to observe, but it states a case for relief. It avers that complainant and five others own the land in equal undivided parts. The further averment is that the Atlanta, Birmingham & Atlantic Railroad Company owns an easement of way across the land, “subject to the one-sixth interest” of each of two named defendants. We take this averment to mean that the railroad company has never acquired its right of way by conveyance from or condemnation proceedings…
2Cases cited2 opinions
- Edwards v. EdwardsSupreme Court of Alabama · 1904
- Berry Lumber Co. v. GarnerSupreme Court of Alabama · 1904
3Cited by4 opinions
- Williams v. AnthonySupreme Court of Alabama · 1929
- Shaddix v. WilsonSupreme Court of Alabama · 1954
- Henry v. WhiteSupreme Court of Alabama · 1932
- Vest v. WilsonSupreme Court of Alabama · 1931