Wood v. Barnett
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Húgh A. Locke, Judge. Bill by Samuel T. Barnett against Sterling A. Wood and others for sale of land for division. From a decree overruling demurrer, respondents appeal.
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Appeal from Circuit Court, Jefferson County; Húgh A. Locke, Judge. Bill by Samuel T. Barnett against Sterling A. Wood and others for sale of land for division. From a decree overruling demurrer, respondents appeal. Ip. a bill for partition, the respective interests of the parties must be alleged. 196 Ala. 151, 71 South. 996; 204 Ala. 31, 85 South. 431. The bill must allege the facts showing wherein the lands cannot' be equitably divided without a sale thereof. 201 Ala. 373, 78 South. 229; 201 Ala. 692, 79 South. 264; 205 Ala. 189, 87 South. 803. Attorney’s fees are only allowable in suit for…
1Opinion of the CourtThomas, J.
The bill was for the sale of lands for division among joint owners. The executors of deceased mortgagee holding security on one of the joint interests in the land are made respondents; the mortgagor, having assigned its equity or interest in the land to complainant, is not made a party to the suit.
The bill averred the residence of the parties ; that complainant, Samuel T. Barnett and respondent, Sterling A. Wood, were joint owners or tenants in common of the real estate described. The respective interests of the parties being set out, it is averred that complainant’s interest was subject to a…
2Cases cited56 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Hodge v. JoySupreme Court of Alabama · 1921
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Jerome v. McCarterSupreme Court of the United States · 1877
- Austin v. BeanSupreme Court of Alabama · 1894
51 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
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- Braley v. SpraginsSupreme Court of Alabama · 1930
- Alabama By-Products Corporation v. CosbySupreme Court of Alabama · 1927
- Bank of Columbia v. McElroySupreme Court of Alabama · 1935
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