Legal Opinion

Smith v. Smith

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 12 opinions

AppkaIj from tlie Chancery Court of Marengo. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellant, Georgia Curry Smith, against the appellees. The purpose of the bill and the facts of the case are sufficiently stated in the opinion.

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AppkaIj from tlie Chancery Court of Marengo. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellant, Georgia Curry Smith, against the appellees. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. On the submission of the cause upon motion to dismiss and the demurrers, the chancellor rendered an opinion which was aá follows: “On consideration I am of opinion that under the terms of the will of Mourning S. Bocock the pasture lands passed in fee, and as to them, complainant states a cause showing that she is entitled to an…

1Opinion of the CourtHaralson, J.

The bill ivas filed by complainant for the partition of lands in which she claims an interest with others.

The demurrer to the bill as a whole was overruled, and it ivas held that the complainant was entitled to partition in two hundred acres of land called the pasture land. The grounds of demurrer to the bill, as a whole, are numbered from one to fourteen, inclusive. There was another ground of demurrer, numbered four, to that part of the bill which seeks partition of the lands mentioned therein, other than the pasture lands, and the demurrer as- to this ground was sustained. The effect of…

2Cases cited2 opinions

  1. Hoover v. HooverIndiana Supreme Court · 1888
  2. Grimball v. PattonSupreme Court of Alabama · 1881

3Cited by12 opinions

  1. Smith v. SmithSupreme Court of Alabama · 1908
  2. Burleson v. MaysSupreme Court of Alabama · 1914
  3. O'Connell v. O'ConnellSupreme Court of Alabama · 1916
  4. Spira v. FrenkelSupreme Court of Alabama · 1923
  5. White v. FowlerSupreme Court of Alabama · 1944

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