Legal Opinion

Martin v. Cannon

Supreme Court of Alabama

Decided May 18, 1916PublishedCited by 11 opinions

Appeal from Cullman Chancery Court. Heard before Hon. James E. Horton, Jr. Bill by A. W. Cannon and others, against W. G. Martin, for the sale of real estate and the distribution of proceeds. Decree for complainants overruling demurrer to the bill and respondent appeals.

1Opinion of the CourtAnderson, C. J.

(1, 2) The bill, in this case seeks a sale of certain real estate and a distribution of the proceeds between the owners thereof. The bill alleges that the respondent owns, an undivided three-fourths interest in the land, and that the *152three complainants own a one-fourth interest in said land. The bill does not aver, however, the respective interests of the complainants in and to the said undivided one-fourth interest, and, from aught that appears, their respective interests may be different and unequal, and pleading, when assailed upon demurrer, must be construed more strongly against the…

2Cases cited1 opinion

  1. Hillens v. BrinsfieldSupreme Court of Alabama · 1895

3Cited by11 opinions

  1. Shaddix v. WilsonSupreme Court of Alabama · 1954
  2. Holmes v. RileySupreme Court of Alabama · 1940
  3. Pollard v. JacksonSupreme Court of Alabama · 1920
  4. Bedsole v. BedsoleSupreme Court of Alabama · 1961
  5. Case v. PfaffmanSupreme Court of Alabama · 1950

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