Edmonds v. Cogsdill
Supreme Court of Alabama
Appeal from. DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by Mollie Cogsdill against Hattie Rogers, Pallie Edmonds, and others. Decree for complainant, and respondent Pallie Edmonds and others appeal. The original bill was filed by Mollie Cogsdill against Hattie Rogers, averring their common tenancy of certain lands not capable of a fair division without a sale, and praying for such a sale.
Read the full summary
Appeal from. DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by Mollie Cogsdill against Hattie Rogers, Pallie Edmonds, and others. Decree for complainant, and respondent Pallie Edmonds and others appeal. The original bill was filed by Mollie Cogsdill against Hattie Rogers, averring their common tenancy of certain lands not capable of a fair division without a sale, and praying for such a sale. By amendment the appellants Pallie Edmonds and others, three in number, were mere parties respondent to the bill, with the added averment that they claimed some right, title, or interest in…
1Opinion of the CourtSomerville, J.
-As amended, the bill of complaint was clearly multifarious. It denied any rights in appellants to share in the division' of. the land as ten*313ants in common with the original parties, and. brought them in solely for the purpose of quieting or canceling their claim of title under the will of John Edmonds, and hence would have been subject to demurrer on the ground stated. — Brown v. Feaqin, 174 Ala. 438, 57 South. 20.
Appellants, however, waived that objection by not assigning it, and chose to contest the bill as one to quiet title or cancel a cloud. Such alone is its character as to them, and…
2Cases cited3 opinions
- Brown v. FeaginSupreme Court of Alabama · 1911
- Bell v. BellSupreme Court of Alabama · 1887
- Hubbard v. RussellSupreme Court of Alabama · 1883
3Cited by7 opinions
- Williams v. MassieSupreme Court of Alabama · 1924
- Gray v. WeatherfordSupreme Court of Alabama · 1933
- Leonard v. WhitmanSupreme Court of Alabama · 1947
- Cade v. GraffoSupreme Court of Alabama · 1933
- Grisham v. GrishamSupreme Court of Alabama · 1948
2 more not listed; retrieve them via the Exa API.