McWhorter v. Cox
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Bill of Herman McWhorter and others, by their next friend, John H. McWhorter, against Boyd Cox and others. Prom the decree rendered, complainants appeal. The conveyance by Bettie Cox McWhorter to Boyd Cox of her interest in the farm lands, and the conveyance by Boyd Cox to the defendants, could not cut off or defeat the interest of the heirs of Bettie Cox.
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Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Bill of Herman McWhorter and others, by their next friend, John H. McWhorter, against Boyd Cox and others. Prom the decree rendered, complainants appeal. The conveyance by Bettie Cox McWhorter to Boyd Cox of her interest in the farm lands, and the conveyance by Boyd Cox to the defendants, could not cut off or defeat the interest of the heirs of Bettie Cox. Code 1907, §§ 3398, 3405, 3406, 3420. Complainants, as owners of one-half interest in all the lands in fee simple, are entitled to partition, if the lands are capable of…
1Opinion of the CourtMiller, J.
Herman McWhorter and others, minor children of Bettie Cox McWhorter, deceased, by their next friend, John H. Mc-Whorter (their father), filed this, suit in equity against Boyd Cox and his children and others. They seek by the bill of complaint a partition of a farm containing 245 acres, and two town lots in Guntersville, among the joint owners or tenants in common (the complainants and defendants); or a sale of it for division among them if a division by metes and bounds is inequitable or impracticable.
The defendants demurred to the bill. The demurrers were sustained by the court as to the…
2Cases cited10 opinions
- Gindrat v. Western RailwaySupreme Court of Alabama · 1892
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Fitts v. CraddockSupreme Court of Alabama · 1906
- Walthall v. GoreeSupreme Court of Alabama · 1860
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3Cited by6 opinions
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Mizell v. WalleySupreme Court of Alabama · 1950
- Cates v. BushSupreme Court of Alabama · 1976
- Dillard v. PropstSupreme Court of Alabama · 1925
- Hedricks v. BeamSupreme Court of Alabama · 1941
1 more not listed; retrieve them via the Exa API.