Cramton v. Rutledge
Supreme Court of Alabama
Appeal from Monagomery City Court. Heard before Hon. A. D. Sayre. Bill by T. J. Rutledge, and others against F. J. Cram-ton for partition of real estate. From a decree granting-relief respondent appeals. The following are pleas 4, 5, 6, and 7, referred to in the opinion: “(4) He admits that the undivided half interest in said property not belonging- to said A. R. Bell belonged in his lifetime to his brother William D. Bell.
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Appeal from Monagomery City Court. Heard before Hon. A. D. Sayre. Bill by T. J. Rutledge, and others against F. J. Cram-ton for partition of real estate. From a decree granting-relief respondent appeals. The following are pleas 4, 5, 6, and 7, referred to in the opinion: “(4) He admits that the undivided half interest in said property not belonging- to said A. R. Bell belonged in his lifetime to his brother William D. Bell. He admits that a petition for partition was filed in said court as alleged in paragraph 4 of the bill, but denies that said petition was filed in the year 1886, but…
1Opinion of the CourtTyson, C. J.
— The equity of the bill in this cause was determined on former appeal. — Rutledge v. Cram-ton, 150 Ala. 275, 43 South. 822. It was then held that the partition proceedings in the probate court for the sale of the land here in controversy, upon the petition of Mrs. Bell, who took a life estate under the will of her husband, and to whom was committed the authorization “to sell and dispose of such portions of my (testator’s) estate as she may think best, either- at public or private sale and upon such terms as she may deem advisable,” was not an execution of the power conferred by the will. The…
2Cases cited14 opinions
- Ashford v. AshfordSupreme Court of Alabama · 1902
- Washington v. NorwoodSupreme Court of Alabama · 1900
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Fitts v. CraddockSupreme Court of Alabama · 1906
- Gayle v. JohnstonSupreme Court of Alabama · 1885
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3Cited by11 opinions
- United States v. The Merchants National Bank of Mobile, as Under the Will of Nettie F. Turner, DeceasedCourt of Appeals for the Fifth Circuit · 1958
- Cobb v. FrinkSupreme Court of Alabama · 1917
- Snow v. BraySupreme Court of Alabama · 1916
- Gaines v. DahlinSupreme Court of Alabama · 1934
- Thomson v. EhrlichSupreme Court of South Carolina · 1928
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